News & Insights
The Recognition of the Customary Marriage Act
Within South Africa, one can enter into a customary marriage or a civil marriage. Both are valid forms of marriage; however, a customary marriage permits polygamy (having multiple partners), whereas a civil marriage requires a monogamous relationship (two parties entering into a union). The recognition of the Customary Marriage Act was established in order to […]
November 26 2021
Child Kidnapping Gains Momentum
Year 2021 seems to be ending in a negative manner for South Africa, as the kidnapping of school-going children is gaining momentum. This number is justifiably worrisome for all the relevant stakeholders – parents; teachers; government officials; and society at large. While these incidents seem to be occurring at schools/near schools, they may happen at […]
November 26 2021
Understanding The Deeds Office and Registration Process
When do you become the registered owner of a property? Despite common belief, the finish line when buying and/or selling property is not reached when entering into an agreement of sale or even when signing the transfer documents at the conveyancing attorney’s offices. In fact, the finish line is only crossed once the transfer of […]
November 25 2021
Maxe (Pty) Ltd v Artav Stainless Steel CC: Design Registration Infringement - A Refresher of Old Lessons Learned
Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles. The trial took place in May 2020 and was the first trial concerning intellectual property to take place virtually in South Africa. Sports bars and nudge bars […]
November 24 2021
Corporate and Commercial Lawyers: A Brief Rundown
Corporate and commercial lawyers can provide businesses and organisations with a number of advantages. The main goal of consulting a commercial or corporate lawyer is to protect the property and interests of a business or organisation against any business crippling threats. Corporate and commercial law are closely connected to one another; however, they should not […]
November 23 2021
Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa
Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in September 2021. The case involved the Federation Internationale […]
November 23 2021
Adams & Adams bags IP Lawyer of the Year in Best Lawyers® 2022
Author: Jac Marais Adams & Adams has once again achieved outstanding recognition in the Best Lawyers® list for 2022. The oldest and most respected peer review publication in the legal profession globally, Best Lawyers® acknowledges exceptional firms and lawyers. For 2022, 17 Adams & Adams lawyers have been recognised across 6 categories including entries into […]
November 11 2021
Loadshedding Likely to Trigger Business Insurance Litigation
The ongoing persistence of loadshedding is causing havoc for households and businesses alike. As if Covid-19 and civil unrest and looting experienced mid-year were not devastating enough for businesses, they now have to put up with the current ongoing loadshedding. Whilst most big businesses may have insurance cover and mitigating equipment in place to deal […]
November 10 2021
Protecting Brand Integrity Through Certification Trade Mark Protection
In a recent order by Gauteng Division of the High Court, the South African Bureau of Standards (SABS) was awarded damages for the unlawful use of its certification trade mark by a supplier of sanitisers and disinfectants. The SABS became aware of the manufacturer falsely using the ‘SABS Approved’ certification mark on its sanitisers and […]
November 09 2021
Who Is Liable for a Dog Bite Injury
Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises. Who is liable for the injuries sustained from a dog bite or from other domesticated animals? ACTIO DE PAUPERIE For liability (to succeed with an action) under the actio […]
November 08 2021
Microsoft vs You First Mobile: Security for Costs Under the South African Patents Act and Compelling Discovery of Foreign Search Reports
You First Mobile (Pty) Ltd instituted an action against Microsoft (Pty) Ltd for infringement of its South African patent. Microsoft in turn brought an interlocutory application against Your First Mobile to (1) compel You First Mobile to furnish it with the prescribed particulars of search reports issued in foreign jurisdictions in respect of foreign patent […]
November 08 2021
Adams & Adams Establishes Associate Office in Mauritius
Adams & Adams has been internationally recognised as the leading IP Firm in Africa. Over the past 10 years, Adams & Adams has established an extensive network of Associate Offices which operate in conjunction with local partners to enhance its offering in Africa. Adams & Adams continues to evolve and position itself as the first […]
November 02 2021