News & Insights
South Africa - Agriculture: False and/or Misleading Trade Descriptions that are Registered as Trademarks are on the Chopping Block
CLICK HERE TO VIEW JUDGEMENT South Africa’s food, alcohol and agricultural laws all contain a similar provision prohibiting the use of false and/or misleading descriptions of the relevant commodity. These prohibitions extend not only to descriptions that are applied to the labels of these commodities but also extends to the advertising thereof. Under the regulatory […]
February 08 2022
OAPI - A Course on Indications of Geographical Origin
From 15 November 2021 – 26 November 2021, OAPI, in conjunction with the French Development Agency and the Center for International Cooperation in Agricultural Research for Development, is presenting the Second Edition of the African Training on Geographical Indications. Registration for the course closes on 20 October 2021 and further information regarding the course may […]
February 08 2022
OAPI - The Regional Conference on Intellectual Property
On 12 October 2021[1], the regional conference on intellectual property was opened in Libreville. The purpose of this conference is to discuss the challenges and unique perspectives relating to trade in Africa and in the African Continental Free Trade Area. During the 2-day conference, the potential of a free trade area, the importance of intellectual […]
February 08 2022
ARIPO - Seychelles, the 21st Country to Accede to the Harare Protocol
Although the Republic of Seychelle has been an approved member of ARIPO since 2019, the signature and the delivery of instrument of accession was delayed. On 26 August 2021, President Ramkalawan of the Republic of Seychelles signed the instrument of accession to the Harare Protocol and, on 1 October 2021, the signed instrument of accession […]
February 08 2022
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