News & Insights
Blockchain Technology and IP Protection
Whilst cryptocurrency may have existed since 2008, in the last few years it (along with the technology that underpins it, the Blockchain) has penetrated the public consciousness like never before. Blockchain technology was and is lauded for its transparency and its ability to decentralize the transmission of information. These are desirable conditions for the creation […]
July 01 2020
Intellectual Property Exchange Control
Intellectual property (IP) assets, although intangible and invisible, are financially quantifiable. This means that they can be traded and commercialised. Intellectual property exchange control regulations govern limitations on the purchase and/or sale of IP assets. Intellectual property exchange control oversees sales, outsourcing, joint ventures, technology transfers, development, service arrangements or other related transactions involving outward […]
June 25 2020
Liberty Group wins against Discovery Vitality and opens the door for Comparative Advertising
Adams & Adams Partner and Chairman, Gérard du Plessis, represented the Liberty Group in the judgment they won in the Johannesburg High Court earlier this month against Discovery Vitality. Not only was the judgment ground-breaking when it comes to trade mark law, but it has interesting implications when it comes to comparative advertising. In plain […]
June 23 2020
POPIA commencement date announced
It has been officially announced that numerous sections of the Protection of Personal Information Act, 2013 (POPIA) will commence on 1 July 2020. This means that, after a process that lasted several years, South Africa will soon have effective data protection legislation. Although the entire POPIA will not commence, most of the important substantive sections […]
June 22 2020
Untying the Knot – Divorce and Joint-Ownership of Property
When the bonds of marriage are declared irretrievably broken down, there is a myriad of administrative issues that need to be resolved. One of these issues relate to immovable property that is owned in the joint names of both parties to the dissolved marriage. And even more so, when there is a mortgage bond registered […]
June 22 2020
The Voetstoots Clause: What to Know
Most sale agreements of immovable property contain a clause in terms of which the purchaser thereof agrees to buy the property voetstoots.
June 22 2020
Black Lives Matter / I Can’t Breathe
Manchester- based businessman Georgios Demetriou of Licence to Thrill Ltd (“the Applicant”) recently applied to register the phrase “BLACK LIVES MATTER” under trade mark application no. 3497647 and “I CAN’T BREATHE” under trade mark application no. 3497640 at the United Kingdom Intellectual Property Office (UKIPO). These phrases are associated with the current worldwide protests following […]
June 21 2020
The Copyright Amendment Bill and claims for compensation in criminal cases
The Copyright Amendment Bill (“the CAB / the Bill”) has caused much debate and controversy in the protection of Intellectual Property rights in South Africa. One of the main points of contention is the fair use policies the CAB seeks to implement, which are similar to the fair use policies incorporated in United States (“US”) […]
June 17 2020
Think Branding…
The national lockdown, due to the worldwide COV19 pandemic, has had negative consequences on many businesses. This has led to people having to think outside the box to make ends meet, some of these ideas being to explore the possibility of new entrepreneurial ventures. While considering which business opportunity to spend your time on, it […]
June 16 2020
Property Transfers - What Could Be the Delay?
Most sellers, purchasers, estate agents, banks and attorneys were relieved when it was announced that deeds offices could re-open on 4 May 2020 under the Alert Level 4 of lockdown regulations. This meant that property transactions previously concluded could be finalised, at which stage sellers could receive the proceeds of sale, purchasers who contracted to […]
June 12 2020
A New Franchise Industry Code for South Africa
As you may recall, the Consumer Protection Act, no. 68 of 2008 (“CPA”), introduced franchise legislation into the franchise industry in South Africa, on or about 1 April 2011. By way of example, Regulation 2 thereof sets out 50 or more points which need to be dealt with and included in a compliant franchise agreement. […]
June 11 2020
What Brand Owners Need to Know When Conducting and Running an E-Commerce Business in China
Introduction COVID-19 has completely changed day to day life when it comes to purchasing goods. With online shopping increasingly becoming the “new normal”, it is important for brand owners to conduct full self-reflection on how they do businesses locally and internationally. This includes considering brand protection, brand related risks of running an e-commerce business and […]
June 10 2020
The Madrid Protocol | 2020 Update
Although the Madrid system functions very well in most countries outside of Africa where IP laws are at similar stages of development and IP Offices utilize advanced technologies and maintain digital registers and systems, the reliance on the Madrid-system in most African countries carries with it a degree of commercial risk (the level of which […]
June 08 2020
Foreign, Muslim and Hindu Marriages
It often happens that a married person does not understand the legal consequences of their marriage. Even worse, parties to a marriage sometimes only realise afterwards that their marriage is not recognised as a legally binding marriage in terms of our legal system. Below is a brief explanation of the validity and consequences of marriages […]
June 08 2020
PRASA Non-Resumption of Operations: Legal Fundamentals Not to Be Disregarded
Since the commencement of the nation-wide lockdown, PRASA ceased all its operations. The country is now under Alert Level 3, as of 1 June 2020, and it has been announced by the Minister of Transport that PRASA will not be commencing with its proposed phased-in resumption of service. This is despite the fact that thousands […]
June 07 2020
Will the Virus Get Your Trade Mark?
The outbreak of the COVID-19 pandemic has devastated multiple industries and caused a rapid disruption of global supply chains. In an effort to curb the spread of the virus, South Africa has, like many other countries worldwide, implemented strict lockdown measures which have restricted people’s movement and brought most commercial activity to a standstill. Many […]
May 27 2020
Building Loans: What You Need to Know
Whether it is to build your ideal home from scratch or to make improvements to your existing property, chances are that you may need a loan from a bank to cover the costs of the building works. To avoid delays and unexpected pitfalls, it is important to familiarise yourself with the building process, each party’s […]
May 24 2020
Covid-19: No “Payment Holiday” for Maintenance Payers
The end of “lockdown” in South Africa is uncertain. The devastating effect on the economy and households will be a reality for a time to come. Unfortunately the most vulnerable members of society are the hardest hit. While both men and women are the victims of gender-based violence and domestic violence, the statistics show that […]
May 22 2020