News & Insights
Zanzibar - Yimei Hotel vs MHG IP Holding
In November 2018, Yimei Hotel Management (Shenzhen) Limited (“the Applicant”) applied to register trade mark no. ZN/S/2018/461 as a service mark in class 43. The mark was published for opposition purposes and an opposition was filed against its registration by MHG IP Holding (Singapore) PTE LTD (“the Opponent”). The Opponent relied upon its earlier registration […]
October 05 2021
The Road Accident Fund Act: Who is Entitled to a Claim and What Can Be Claimed?
We have, over the years, become so accustomed to reading, hearing or even witnessing the firsthand aftermath of horrific motor vehicle accidents on South African roads, that we perhaps don’t immediately realise the full extent of the psychological, social and financial implications of these accidents on those directly or indirectly affected. These devastating effects often […]
October 05 2021
South Africa - Copies of Supporting Documents Now Accepted by the Registrar of Patents
Traditionally, formal documents (i.e. Forms P.3/D.3, P.26 and assignments) for filing in support of patent and design applications had to be executed by way of an original/wet signature. However, the Registrar has recently issued a practice note setting out a number of changes in procedure including the Registrar ‘s discretion to accept assignment documents or […]
October 01 2021
A Fast Way to Lose Your Patent Rights - The Tortoise and the Hare - A Lesson Applicable to South African Patent Prosection
Prejudice lurks in expediting grant of patents based on local formality examination alone Recent reports of a sharp increase in the number of South African patent applications that are being filed along with requests for expedited acceptance brings to mind the well-known fable of the tortoise and the hare. The hare, confident in the superiority […]
September 30 2021
Zimbabwe - ZIPO Making Headway Despite Operational Constraints
Although the Zimbabwe Intellectual Property Office (ZIPO) has welcomed the fact that its Industrial Property Automated System (IPAS) is up and running again, the Registry’s operations were severely affected by the Covid-19 pandemic. Zimbabwe is one of the countries entering the third wave and is currently in lockdown. As such, ZIPO is operating with a […]
September 30 2021
OAPI - Launch of Pilot Project to Test a New Online System Delayed
In December 2020, the African Intellectual Property Organization (OAPI) announced the launch of a pilot project to test a new online filing system (e-filing platform). The initial plan was to test the system amongst 6 firms (including our local Associate office) prior to a wider launch. However, the launch has been delayed, largely due to […]
September 29 2021
Nigeria Registry Publishes First Ever Editions of the Patents and Design Journals
The Trade marks, Patents and Designs Registry in Nigeria recently published the first ever editions of the Patents and Design Journal. The Journals, titled Vol. 1, No. 1 and Vol. 1, No.2, were published on 17 and 26 March 2021, respectively, with opposition dates 60 days from the publication date. This is the first time […]
September 28 2021
Does the Road Accident Fund Pay for Future Hospital and Medical Expenses
When lodging a claim with the Road Accident Fund (“RAF”), road accident victims (“claimants”) may claim compensation under different heads of damages, i.e. past loss of earnings, future loss of earnings/earning capacity, general damages, past hospital and medical expenses, future hospital and medical expenses, as well as loss of support claims. In some people’s minds, […]
September 27 2021
Nigeria - Update on the Nigerian Copyright Bill
The Nigerian Copyright (Repeal) Bill 2015, which was approved by the Nigerian Federal Executive Council in 2018, was presented to the Nigerian National Assembly for approval and enactment into law on 6 July 2021.[1] The Copyright Bill is purported to be aimed at overhauling the copyright system in Nigeria, with the current legislation being the […]
September 27 2021
Kenya - Update on the Anti-counterfeit Regulations
The Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice no. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice no. 118) were jointly published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development on 23rd July 2021. These Regulations pave way for the implementation of the proposed amendments of the Statute Law (Miscellaneous […]
September 22 2021
Ghana, Glimmer of Hope at Ghana's Registrar - Generals Department
Earlier this year, the Registrar-General’s Department (RGD) undertook a major system upgrade and audit of Industrial Property (IP) matters. As a result, all IP applications which were filed from January 2021 to March 2021, were only processed around mid-April 2021. However, according to a notice issued by the RDG on 4th June 2021, it has […]
September 21 2021
Costs to Budget for When Buying Property
You have finally identified your dream home and want to put pen to paper and sign the sale agreement. Thereafter you will probably approach a bank for a loan to secure the purchase price or part thereof. Securing the purchase price, be it by way of a cash payment or bank finance, is not the […]
September 20 2021
Legal Ramifications and Recourse of Medical Ill-Advice Regarding COVID-19 Vaccines
INTRODUCTION Covid-19 vaccination is probably the most potent weapon available at present in the fight against the Covid-19 pandemic that has taken millions of lives, worldwide. As there is still no cure or treatment for the pandemic, it remains the government’s prime objective that the country reaches herd immunity as soon as possible. To do […]
September 20 2021
Kenya - Suspension of Personal Search Service and Increase of Official Search Fees
The Covid-19 pandemic has brought with it limitations and difficulties at various levels. In order to ensure the protection and safety of public officials, the Kenyan Industrial Property Institute has suspended the Personal Trade Mark Search Service until further notice. For the time being, only official trade mark searches will be conducted. This announcement by […]
September 20 2021
When Can You Sue Your Financial Adviser for Losses Sustained?
Thousands of South Africans place their trust in financial advisers to professionally manage their money and their futures. Unfortunately, many of these investors lose their money but it is not always as a result of professional negligence on the side of financial advisers. Investors need to clearly distinguish between losses arising from market or other […]
September 17 2021
Banjul Protocol is Now Effective in The Gambia
The Gambia Following the depositing its Instrument of Ratification to the Banjul Protocol on Marks on 3 May 2021, the Banjul Protocol is effective in The Gambia from 3 August 2021.[1] This means that ARIPO applications for marks may now designate The Gambia. [1] www.aripo.org/banjul-protocol-on-marks-now-effective-in-the-gambia/
September 17 2021
ARIPO - Adoption of Draft Protocol on Voluntary Registration of Copyright and Related Rights
ARIPO, with support of the Government of Uganda is organising a Diplomatic Conference for the Adoption of the Draft Protocol on Voluntary Registration of Copyright and Related in Kampala, Uganda from the 23rd to the 24th of July 2021. Ministers from ARIPO Member States and invited practitioners will attend the Diplomatic Conference. The Protocol will establish a […]
September 15 2021
What are the legal implications for employers now with employees working from home 702 27 Oct 2020
Adams Adams Africa · Labour Law
September 14 2021