News & Insights
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
Unrest and Looting Disaster: Crucial to Recover Medicines and Vaccines
The images of destruction and mayhem accompanying the recent looting in South Africa has caused disbelief and shock worldwide. It seems nothing was spared: looters took anything that they could carry, from food to flat-screen TVs. The financial repercussions and international investment concerns will probably be deliberated on for a long time to come, especially […]
July 23 2021
Insurance Law - Unrest Aftermath: Business, Insurer or SASRIA - Who Bears the Cost?
After a whole week of turmoil, violence, killings, looting, etc., the dust seems to be settling and things seem to be getting back to ‘normal’. There have been major destructions to commercial properties; infrastructure, etc. Most of the affected businesses have announced temporary closures. Presumably, this is to, inter alia, allow businesses to engage their […]
July 21 2021
Proposed Changes to Public Broadcasting Legislation on the Cards
It is no question that the embattled national broadcaster is in dire need of recalibration to pull it out of the dark age into a modern era. The government is of the view however, that this burden should be shared by the nation, whether they consume SABC content or not. In an effort to increase […]
July 20 2021
Insurance Law: Business Insurance Policies to Rescue Businesses Amid the Ongoing Unrest and Looting?
The ongoing events of unrest and looting of shops around the country, particularly in KZN and Gauteng have certainly been worrying for business owners. Businesses have had their properties maliciously destroyed; set alight; plundered; broken into; etc. Moreover, these acts are not limited to certain types or sizes of businesses but ranges from small to large business; from cars to […]
July 12 2021
Glimmer of Hope at Ghana’s RGD
Earlier this year, the Registar-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, the RDG has now expressed that it is in a position to clear the […]
July 08 2021
What Recourse Does a Business Have in the Event That an Insurer Rejects Its Claim?
Insurance may be defined as a contract between two parties whereby one party called the insurer undertakes in exchange for a fixed sum called a premium to pay the other party called the insured a fixed amount of money after the happening of a certain event. History of Insurance Insurance has actually existed for thousands […]
July 06 2021