News & Insights
No More Fowl Play? The Department of Agriculture Takes Steps to Prevent the Use of False or Misleading Descriptions in Respect of Animal and Processed Plant Products
The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products are regulated by the Agricultural Product Standards Act, 1990 (“the Agricultural Act”), confirming a change in approach in applying […]
September 14 2021
Innocent Bystanders: Liability of the SAPS During the July 2021 Lootings
In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country. Among them, was […]
September 07 2021
Understanding the Legal Implications of Suspensive and Resolutive Conditions in Property Sale Agreements
Buying or selling property is one of the most exciting experiences for most individuals. However, one should take care not to sign an offer to purchase without fully understanding the implications of all the provisions contained in the agreement. The importance and effect of the so-called suspensive – and resolutive conditions contained in agreements are […]
September 07 2021
SA Court Confirms Position on Non-essential Integer and Grants an Urgent Interim Interdict
The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Judge Fourie sitting as Commissioner of Patents recently handed down judgment wherein an interim interdict was […]
August 31 2021
Fathers Rights and Maintenance
We often read or hear stories on social media or from friends about fathers of children born out of wedlock finding it difficult to assert and exercise their parental rights and responsibilities. The most common challenge which unmarried fathers face is being denied contact to their children due to customary traditions and/or being subjected to […]
August 30 2021
Disclosure of Medical Information
Information about a person’s health and health care is generally considered to be highly sensitive and personal. Therefore, this type of information enjoys statutory and common law protection in South Africa. COMMON LAW PROTECTION The common law right of privacy prevents public disclosure of private facts. Invasion of privacy is a tort / delict based […]
August 24 2021
Business Insurance Repudiated Claims: Legal Generalities and Process
Whilst the dust seems to have settled and the talk of recent riots and violence has calmed down, the vast majority of affected businesses are still grappling with the aftermath of the chaos. Insurers and SASRIA are naturally at the center of the aftermath. Most businesses would have lodged their insurance and/or SASRIA claims by […]
August 24 2021
COVID Incorporating Marks in a Global Pandemic - To File or Not to File
It has been widely reported in the National Law Journal that hundreds of applications have been filed with the U.S. Patent and Trademark Office attempting to register marks incorporating the word COVID since the pandemic began last year. Some of the examples of applications that have been reported are COVID-19 VIRUS FREE GUARANTEED for apparel […]
August 12 2021
Business Insurance Repudiation - Free Consultation
The events of the past two years, from the COVID-19 pandemic to the recent riots, have underlined the critical importance of business insurance. Unfortunately, there are no guarantees that your business insurance claim will be settled and not repudiated. Although an insurer has the right to protect its interests when handling your insurance claim, your […]
August 12 2021
Appeal Board Decision - Plant Breeders' Rights Act - 01
THE APPEAL BOARD APPOINTED IN TERMS OF S 42(2) OF THE PLANT BREEDERS’ RIGHTS ACT, 15 OF 1976 DECISION In the matter between: AGRICULTURAL RESEARCH COUNCIL (“ARC”) Appellant and REGISTRAR OF PLANT BREEDERS’ RIGHTS (“the Registrar’) First Respondent SUNKIST GROWERS INC (“SGI”) Second Respondent ORDER On appeal from a decision of the Registrar of […]
August 04 2021
The Long Awaited Anti-Counterfeiting (Recordation) Regulations Have Finally Been Published
In January 2019, the Statute Law (Miscellaneous Amendments) Act of 2018 was enacted by the Parliament of Kenya to introduce some amendments to various intellectual property legislations including the Anti-Counterfeit Act of 2008 (‘the Act’). Amongst others, the name of the Anti-Counterfeit Agency was changed to the Anti-Counterfeit Authority and, most importantly, the Act made […]
August 03 2021
What Does a Conveyancing Attorney Do?
Once an offer to purchase has been signed by the purchaser and the seller of immovable property, an attorney must be appointed to attend to the registration of the property into the purchaser’s name. Ownership in the property is passed from the seller to the purchaser by registering a deed of transfer at one of […]
August 03 2021
Russia Ousts Champagne in Favour of Shampanskoye
In what can best be described as a robust and “no bars held” move, Russia has declared that champagne producers must now include the designation “sparkling wine” on their Champagne products manufactures for export to Russia. To add insult to injury, only locally-produced (in Russia) sparkling wine manufactured according to the traditional champagne method (but […]
August 02 2021
South African Patent Office’s Recent Grant of a Patent for an Invention Created by Artificial Intelligence
In the past few days, there has been extensive reporting, globally, heralding the South African Patent Office (administered by the Companies and Intellectual Property Commission, or “CIPC”) (“Patent Office”) for having been the first patent office in the world to have granted a patent for an invention that was created by artificial intelligence (“AI”). The […]
July 30 2021
No copyright notice? No excuse.
Why use of unlicensed online images may constitute copyright infringement. All original images and photographs attract
July 27 2021
Signed, Sealed but Not Delivered
Can a seller unilaterally remove any fixture from the property upon moving out? Excitement is running high as you have just signed an offer to purchase on your dream house. Perhaps it was the quirky water feature which caught your eye as you walked through the lush, well-kept garden or maybe the thought of spending […]
July 27 2021
Protection of Personal Information Act - Compliance Over Complacency
Protection of Personal Information Act – Compliance over Complacency Many organisations have embarked on a journey to ensure that they are compliant with the Protection of Personal Information Act (POPIA), which became enforceable on 1 July 2021. With the deadline already past, it is crucial that companies have good data management practices and processes in […]
July 26 2021
WIPR Influential women in IP
Adams & Adams is delighted to announce that it is the only law firm globally to have a lawyer recognised in all three categories of the World Intellectual Property Review (WIPR) Diversity 2021 publication. Congratulations to the female partners, Mariëtte du Plessis ( listed as one of 60 Influential Women in IP) and Nishi Chetty […]
July 25 2021