News & Insights
Africa Update 2020 - Egypt
Egyptian Trade Mark Office Fee Increase on Hold Official fee increases which were tabled in the ministerial decree No.179 dated 4 September 2019, were supposed to come into effect on 5 September 2019. However, this increase has not yet been effected and remains on hold. Associate Office hosts INTA Anti-Counterfeiting Workshop INTA Anti-counterfeiting Workshop In […]
September 01 2020
Africa Update 2020 - Democratic Republic of the Congo (DRC)
Positive Signs of Stability at the Registry The turnover in appointments of Ministers of Trade, who oversee the Registry functions, has always had a negative impact on the processing of applications filed at the Registry of the Democratic Republic of the Congo (DRC). This is as a result of the requirement that the registration certificates […]
September 01 2020
Africa Update 2020 - Cape Verde
Treaties Joined On 4 April 2019 Cape Verde took a monumental step in ensuring copyright protection for its authors by acceding to WIPO’s three main copyright treaties: The WIPO Copyright Treaty (“WCT”) The Performances and Phonograms Treaty (the “WPPT”) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired […]
September 01 2020
Africa Update 2020 - Burundi
New Approach to Trade Mark Renewals Historically, trade marks filed in Burundi were valid indefinitely; therefore, there was no need to pay renewal fees in this jurisdiction. In 2009, the law regarding trade mark renewals in Burundi changed. As mentioned in previous editions of this Update, trade mark proprietors should be aware of the impact […]
September 01 2020
Africa Update 2020 - Botswana
Author: Eugene Honey Registry Visit In July 2019, Adams & Adams partner, Eugene Honey and Trade Mark Administrator, Shakes Mashaba travelled to Gaborone to visit our Associate Office, as well as the Companies and Intellectual Property Authority (CIPA) at its premises in the new central business district. They met with the Registrar, Mr. Tim Moalusi, […]
September 01 2020
Lenovo Patent Case in UK Gives Guidance on Software Patentability in SA
Software patents have often been a divisive topic amongst technology companies and patent attorneys alike. This is certainly true in South Africa, but it is also a little more confusing here as we don’t have any reported cases on the topic to provide us with guidance or a set of rules for determining when, and […]
August 31 2020
UnLawful Sterilisation in South Africa
Over the past few years, there have been reports in South Africa of women being wrongfully sterilised. Various explanations have been given for this, most of which are discriminatory in nature, as these wrongful procedures tend to be performed on women living with certain chronic diseases, of a certain colour, of specific background, etc. It […]
August 25 2020
TikTok sued over Patents
TikTok, the social network and video sharing platform of the moment, is being sued for patent infringement. Rival Triller (less well-known than TikTok to many) has filed a patent infringement lawsuit in the USA for a video-related patent. The patent in question is US Patent No. 9,691,429. Patent documents can get pretty technical, but this […]
August 25 2020
Trade Mark Squatters Target the Washington Redskins' Name-Change Process
Facing mounting pressure from major retailers and the public, the Washington Redskins NFL franchise finally announced that it will be retiring its controversial Redskins name and logo. The team’s name has been widely contested, with a decades-long campaign from Native American groups, describing it as a “dictionary-defined racial slur”. While the possibility of a team […]
August 23 2020
COVID-19 Pandemic May Bring About Certainty Over Constitutional Damages Jurisprudence
In recent years, claims for constitutional damages have been gaining traction, as there has been a loud cry over the level of service delivery. Constitutional damages are the damages that the victim can claim where his/her constitutionally protected right has been violated. Covid-19 has put much pressure on the government to fast-track some basic services […]
August 19 2020
Geographical Indications: Are They on the Map in South Africa?
A geographical indication is defined in the TRIPS Agreement as an indicator that identifies a particular product as originating from a particular region or locality, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Examples of such indications are Champagne, Tequila, Karoo Lamb and Rooibos. These […]
August 18 2020
As an Organ of State, PRASA has an Obligation to Protect Passengers’ Bodily Integrity
Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day. It is also a division of the Passenger Rail Agency of South Africa (PRASA), a state-owned enterprise which is responsible for most passenger rail services in South Africa. The rail service providers like PRASA and Metrorail […]
August 16 2020
Bad Faith Recognised as a Ground of Opposition
In a recent decision by the Registrar of Trade Marks in Zambia, it was confirmed that “bad faith” can be relied upon as a ground of opposition against a trade mark application. The matter related to an opposition by Anhui Liangliang Electronic Technology Co Limited (“the Opponent”) against an application to register the mark TORCH […]
August 16 2020
Construction Contracts and COVID-19: Managing Risks During the Pandemic
In recent months, nearly every aspect of society has been affected by the COVID-19 pandemic. The construction industry has not been spared. Globally, businesses and economies have been brought to their knees and, in an ultra-globalized world, a tangled web of risks and challenges for employers, contractors and other stakeholders in the construction industry have […]
August 12 2020
Where to now for South Africa’s copyright reform?
As first published in SAIIPL’s IP Briefs (Vol 2, Issue 7) August 2020. On the 22nd June, with the announcement of President Ramaphosa’s decision to refer the Copyright Amendment Bill (the “Bill”) and the Performers’ Protection Amendment Bill back to Parliament, a highly controversial legislative package that was railroaded through Parliament came to a screeching […]
August 07 2020
Adams & Adams Women Are Breaking Limitations and Exceeding Expectations
The female talent at Adams & Adams have pushed boundaries and broken the mould of what it means to be a woman in the legal profession in South Africa. In 2019/2020, 11 women in the firm received global, and national, recognition for their exceptional work in the field, receiving more than 23 awards and accolades. […]
August 06 2020
Neil Young Kicks Trump to the Curb: No More ‘Devil’s Sidewalk’!
Well-known musician Neil Young is suing the presidential campaign of Donald Trump, calling on the campaign to stop all use of his music at Trump rallies. These songs include “Devil’s Sidewalk” and “Rockin in the Free World”. Mr. Young is apparently of the view that Trump’s campaign has no “free world” spirit at all, but […]
August 05 2020
Lockdown Heightens Possibility of Professional Negligence Claims Against Lawyers
It has now become ostensible that COVID-19 pandemic together with the restrictions imposed by governments around the world will affect everyone, every profession and business. The nature and financial muscles of businesses have been tested to the greatest extent. This has proved to be true for the legal profession and, will continue to be so […]
August 05 2020