News & Insights
Tanzania - Moving with the Times: Amendments that Provide for Further Electronic Activities at the Trade Marks Office
CLICK HERE TO VIEW JUDGEMENT In June 2021, Parliament passed the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021, which Act proposes amendments to various pieces of legislation, including the Trade and Services Marks Act, (CAP 326) (“the Trade Marks Act”). The amendment to Section 5 of the Trade Marks Act makes provision for documents […]
February 08 2022
Kenya - KECOBO Launches Digital Copyright Registration Platform
In Kenya, copyright protection vests automatically upon the creation of a work. The registration of works is therefore not a requirement, however, the Kenya Copyright Board (KECOBO) does have an optional manual system of registration[1]. Copyright holders are encouraged to register their copyright as registration has been known to ease the evidentiary burden in cases […]
February 08 2022
PROPERTY PRACTITIONER ACT AND ITS IMPACT ON THE PROPERTY SECTOR
The long-awaited Property Practitioner Act 22 of 2019 (the “Act”) came into operation on the 1st of February 2022. The Act has brought significant changes to the property sector. Amongst others, the Act recognise the need for transformation within the property sector and the protection of consumers. As a start, the Act has broadened the […]
February 08 2022
South Africa - Food and Liquor: The Flavour of the Month: Cannabis Flavoured Beer
Following a judgment by the Constitutional Court on 18 September 2018, wherein the Constitutional Court confirmed an order by the High Court allowing adult South Africans to use, possess and cultivate Cannabis “in private”, there was an influx of applications to register as trademarks, marks incorporating, inter alia, words and signs alluding directly and indirectly […]
February 07 2022
South Africa - The Value of a Patent in South Africa (Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP
CLICK HERE TO VIEW JUDGEMENT On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer. In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in […]
February 07 2022
Angola- Recent rulings in opposition matters
CLICK HERE TO VIEW JUDGEMENT 1 CLICK HERE TO VIEW JUDGEMENT 2 In a decision by the Angolan Trade Marks Office, the South African electricity parastatal, Eskom was successful in its oppositions against the registration of trademark applications 12.419 and 12.420 ESCOM in Classes 35 and 36. The Angolan Trade Marks Office held that the […]
February 07 2022
Bullying in Schools - What Does the Law Say?
As schools reopen, a concerning issue for many parents is bullying. This is justifiable, particularly in the South African context, where there have been increasing reports of cases of bullying in schools, some of which have resulted in loss of life. Bullying comes in several forms, some more severe than others, which can affect victims […]
February 03 2022
Overview of the Main Findings and Recommendations of Part 1 of the Report by the State Capture Commission
The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State (“the Commission”), chaired by Acting Chief Justice Raymond Zondo released part 1 of its report on 4 January 2022. The complete report is being released in three tranches. Part 2 was released on 1 […]
February 02 2022
ARIPO - Amendments to the Harare Protocol on Patents and Industrial Designs
During the Administrative Council meeting, the following material amendments to the Harare Protocol were tabled and approved: Filing of third-party observations: Section 2quater has been included in the protocol to provide for the filing of observations by third parties regarding patentability of inventions to which the ARIPO application relates. Previously, the Harare Protocol was silent […]
January 31 2022
OAPI - Amendments to the Bangui Agreement
On 2 January 2022, Annexes III, IV and V of the revised Bangui Agreement entered into force, introducing significant changes to the trade mark registration process in OAPI, and changes affecting geographical indications and industrial designs. No changes have been promulgated in respect of patents under the revised Bangui Agreement yet, although this may well […]
January 31 2022
ARIPO - Amendments to the Banjul Protocol on Marks and Its Implementing Regulations
The Administrative Council proposed and adopted amendments to the Banjul Protocol on Marks as well as its Implementing Regulations at their Extraordinary Session and Ordinary Session that was held during the latter part of 2021. The following amendments came into force on 1 January 2022: Section 6bis which refers to the Publication and Registration procedures […]
January 31 2022
ZIPO: Kicking 2022 Off on a High Note
Operations at the Zimbabwean Registry took a devastating blow in October 2021 when the Industrial Property Automated System (IPAS) crashed. The already strained capacity of the Registry was severely impacted by this, but things are starting to look up as the system has now been replaced and is once again up and running. While delays […]
January 17 2022
OAPI: Bangui Agreement Revisions Change the Trade Mark Registration Process with Effect from 2 January 2022
On 2 January 2022, Annexes III, IV and V of the revised Bangui Agreement entered into force, introducing significant changes to the trade mark registration process in OAPI, and changes affecting the registration of trade names, and industrial designs. No changes have been promulgated in respect of patents under the revised Bangui Agreement yet, although […]
January 13 2022
A Long Road, Less Travelled, to Protect the SEVEN SEAS Label Trade Mark
In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this case was The Procter & Gamble Company, or P&G, […]
January 12 2022
What will happen to me and my children in the midst of a pending divorce?
The start and end of the festive season sadly sees an expected rise in the onset of divorce actions. These leave many people anxious about what will happen to them financially pending divorce actions, this includes whether they will see their children or how financial commitments will be met, or even how to pay the […]
January 07 2022
ARIPO: 45th Session of the Administrative Council and 18th Session of the Council of Ministers
Zimbabwe hosted the 45th Session of the Administrative Council of ARIPO from 6-8 December 2021 at Victoria Falls. After last year’s virtual Session, this year’s Session was in a hybrid format with some of the 21 Member States and Burundi (an Observer State) attending the Session in person and a few Member States joining virtually. […]
January 06 2022
The Rights Behind Trade Mark Infringement Cases in South Africa
When starting a business, protecting that business and giving it the best chance at succeeding should be at the forefront of your mind. One of the aspects of ensuring that your business has the best chance at success is registering a trade mark. A trade mark registration goes a long way in protecting your business, […]
January 03 2022
Personal Injury Lawyer: A Brief Explanation
A personal injury lawyer has knowledge of and works within the sphere of healthcare, litigation, and clinical negligence. They provide their services to those who have been injured, experienced physical or psychological damage, or have been wronged by another person. This damage could have been caused to the person, their property, rights or even their […]
January 03 2022