News & Insights
What Does the Law Say About Bullying?
Bullying is not a novel phenomenon. Many people, worldwide, have experienced bullying in one way or the other – sometimes without even taking cognisant that they are being bullied. It comes in several forms, some more severe than others. As times change, forms of bullying also “adapt” and change form. The drivers of bullying, the […]
April 16 2021
Update on Sperm Donor's Battle to See "His Child"
Women are increasingly using sperm donors to get pregnant, either because they are in a same-sex relationship or because they are single but yearn to be a mother. The burning question that’s increasingly being posed, is whether the men whose sperm is used are dads or merely donors. It is this question being grappled with […]
April 15 2021
Sperm Donor’s Battle to See “His Child”
In May 2015, a Gauteng man donated sperm to a same sex couple in terms of a sperm donor agreement. In terms of the agreement, the man agreed that he would neither make contact with, nor would he be entitled to any rights to the child to be born from the donation. The fertilization was […]
April 09 2021
Protecting your trade mark treasure in China
In March 2021, the China National Intellectual Property Administration (CNIPA) proposed a plan to address trade mark piracy or squatting in China. According to the CNIPA, the plan is intended to promote IP rights and foster an environment that lends itself to innovation and business by combatting, amongst other things, the malicious registration of trade […]
April 08 2021
Eat Your Way to Beautiful?
A shake and protein bar that will reduce wrinkles in 28 days, improve my skin’s elasticity, firmness and hydration, improve my nail strength, reduce the appearance of cellulite and assist in weight management – sign me up! These were some of the claims being made by Future Life in respect of its BEAUTI FOOD nutritional […]
April 06 2021
Types of Personal Injury Cases That Need A Lawyer
A personal injury lawyer assists individuals who need to be compensated for injury or damages caused by the hands of another. Injuries or damage can apply to bodily and financial harm, as well as property, rights, or reputation. These legal services are vital for those who present claims which assert that they have been injured […]
April 06 2021
Road Accident Fund Lawyer: When Do I Need One?
It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one. Adams and Adams RAF attorneys have seen, and been involved, in many cases where the road accident fund (RAF) either under-settles matters and provides unjust and inequitable compensation, or they […]
March 29 2021
A Giant Leap Ahead for Women’s Rights
“Human rights are women’s rights, and women’s rights are human rights” The cabinet has approved the submission of the recognition of Customary Marriages amendment bill of 2019 to Parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against woman in customary marriages but was declared constitutionally invalid, and has […]
March 28 2021
The Current Implementation of Vaccine Roll Out Is Probably Unlawful & Unconstitutional
When the vaccine roll out plan was announced, it was warmly welcomed by many as it seemed logical and sagacious. Although there was a loud cry prior to the first batch arriving that the government has been slow in acquisition of the vaccine, it was nonetheless welcomed and seen as a giant step in an […]
March 24 2021
Mandatory COVID -19 Immunisation in the Workplace: It’s Not That Straight Forward
Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunized, no one will, at this stage, be legally required to […]
March 22 2021
Is it time to broaden the traditional concept that directors owe a duty to the company only?
There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to “I am because you are; you are because we are.” Companies are an integral part of South African society, and vice versa. However, a company is dependent on the broader South […]
March 18 2021
Does Business Rescue Effectively Provide for Efficient Rescue and Recovery of Financially Distressed Companies?
An Assessment of Whether Business Rescue Effectively Provides for the Efficient Rescue and Recovery of Financially Distressed Companies in a Manner That Balances the Rights and Interests of All Relevant Stakeholders While the full impact of the COVID-19 pandemic on the South African economy will likely only truly be felt once the world has completely […]
March 18 2021
Adams & Adams welcomes first female chairperson and further members of the management committee
As we commemorated International Women’s Day on 8 March celebrating the social, economic and cultural achievements of women, Adams & Adams is pleased to announce that Kelly Thompson has been named as the first female chairperson of the firm in its 113-year history. Thompson, an experienced trade mark litigation attorney, is one of 28 women […]
March 09 2021
Inherent Legal Perils of Convening Gatherings Amid the COVID-19 Pandemic
With a significant decline in Covid-19 cases in recent weeks, the government has naturally decided to uplift some of the restrictions – to allow for more economic activity and allow people to get as close as possible to their natural normal living. This is, of course, necessary and critical considering the impact that the pandemic […]
March 04 2021
Ministry of Defence & Military Veterans Sued Yet Again for Another Brutality and Assault Incident
Shortly after the implementation of the lockdown restrictions early last year, there were several reports of law enforcement brutality and assault. It is believed that many of these incidents have been unreported. One of the widely publicised incidents is that of Mr Khosa, whose life was cut short because of military soldiers’ brutality. The lockdown […]
March 03 2021
A positive ruling from the Arbitration Tribunal declares the BLUEHOST trade mark well-known
Recently, the Arbitration Tribunal (“the Tribunal”) in Kenya adjudicated a dispute concerning the domain name bluehost.co.ke. The dispute was initiated in terms of the Alternative Dispute Resolution Policy (“the Policy”) of the Kenya Network Information Center (“KENIC”) read together with the Trade Marks Act and the Arbitration Act. The claimant, Bluehost Incorporated, is the owner […]
March 02 2021
The Machines Are Here - 3D Printing – A genuine challenge to Intellectual Property laws and rights holders?
Although 3D printing technology has been in existence for several decades, its recent proliferation makes it clear that never before as much as now, has this technology presented as acute a challenge to to Intellectual Property (IP) laws and rights holders, and to traditional manufacturing practices. The prolific rate at which 3D printers are being […]
February 28 2021
The Jerusalema IP Challenge
Hot on the heels of the Jerusalema Dance Challenge that took the world by storm last year, a new challenge is developing for some organizations that uploaded videos online showcasing their brands and workforces dancing to South African DJ Master KG’s global megahit, ‘Jerusalema’, without permission from the rights holders to do so. Recent media […]
February 26 2021