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Counterfeit Hotspots in South Africa That Brand Owners Must Be Aware Of

In a new regular series on WTR, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. To do this, we speak with local experts to identify the physical marketplaces that brand owners may want to monitor as part of their global anti-counterfeit enforcement efforts. This week, we focus on […]

Intellectual PropertySouth AfricaTrade Marks
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Ambushing a Lion – is it a good idea?

The British & Irish Lions have arrived in South Africa! However, they touched down amid the country’s third, and seemingly worst, wave of Covid-19 infections. The Lions will face the Springboks in three rugby tests from 24 July and although South African Rugby President Mark Alexander has announced that he is confident that the scheduled […]

Intellectual PropertyTrade Marks
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Laying It on Thick – Is It Good For You?

Round 1 in the butter brawl between Clover and Siqala (known to me and you as Stork) went to Siqala according to AJ Nyathi who found that the application brought by Clover was not urgent, but rather contrived and lacking justification.  He was, however, only referring to the issue of urgency and in relation to […]

Intellectual PropertyTrade Marks
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Trade Marks vs Copyright

Trade Marks and Copyright are arguably the most commonly known forms of Intellectual Property. This article looks at a few of the pertinent differences between these types of Intellectual Property. What is protected under Trade Marks and Copyright? Trade mark protection extends to any brand, including brand names, logos, shapes, colours, signatures, words, letters, numerals, […]

Intellectual Property
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Insurance Law Terminology Explained

Adams & Adams offers an extensive range of specialist services in the field of insurance law. A multi-disciplinary approach by our specialists allows us to provide clients with comprehensive legal advice pertaining to the insurance sector. The following are common terms that one should familiarise themselves with should they be requiring the assistance of an […]

Commercial LitigationLitigation
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COVID-19 and Counterfeit Goods: Criminals Exploiting a Health Crisis

During the global COVID-19 pandemic, governments around the world implemented national lockdowns to contain the spread of the virus. As a result, borders were closed to passengers but specified cargo and retail goods for certain essential products and supplies were permitted. Despite these unprecedented restrictions on movement for people and freight, criminals have been one […]

Intellectual Property
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Uganda: Registrar Issues Notices to Renew Expired Trade Marks

The Uganda Registration Service Bureau (URSB) has issued public notices calling for the renewal of expired trade mark registrations.  The notices, which were published in the New Vision newspaper on 25 May 2021 and 15 June 2021, call upon proprietors of expired trade mark registrations to renew their marks within 30 days from the date […]

Intellectual PropertyTrade Marks
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Legal and General Implications of Having a Criminal Record

In a country with a high rate of crime like ours, the issue of a criminal records is pertinent and requires the necessary attention. With Covid-19 forcing constant law amendments, it is even more necessary for people to be aware of the ramifications of criminal records as they can easily and unknowingly find themselves on […]

Commercial LitigationLitigation
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Divorce Lawyers: Preparation Beforehand

The Covid-19 pandemic has taken its toll on many marriages, with the divorce rate climbing to unusual heights. Family Law attorneys were inundated with divorce queries throughout the lockdown levels, and continue to receive multiple queries daily subsequent to the relaxing of the levels. Divorce is especially difficult when there are children involved. There is […]

Commercial LitigationFamily LawShani van Niekerk
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Adjusting Anti-Counterfeiting Strategies: Shifting the Focus to the Sources

 “… the more he got away with it, the more he did it…” Daniel Golden, investigative reporter and author of The Price of Admission The seizures of large numbers of counterfeit goods and consignments are regularly communicated in statistics and annual reports on enforcement efforts. Despite this valiant and ongoing work by authorities to combat […]

Anti-CounterfeitingIntellectual Property
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Customary Marriages and "Izibizo" - Is the Tradition Becoming Extortion

South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade. However, unfortunately, with time the most sacred traditions are being opened up to abuse. In many South […]

Commercial LitigationFamily LawShani van Niekerk
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CCMA Process

The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are resolved efficiently, cost effectively, and with the least amount of formalities. An employee is able to refer a dispute to the CCMA by submitting a Labour Relations Act (LRA) […]

Commercial LitigationLabour Law
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Goods and Services Industry Must Participate and Pay

The Consumer Goods and Service Ombudsman (the Ombud) was established by the Consumer Goods and Services Industry Code of Conduct (the Code). Until recently, there has been uncertainty as to whether businesses were obliged to subscribe to the Code and pay annual fees that fund the Ombud.  The position was recently clarified when the High […]

Commercial LawDanie Strachan
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Nigerian Judicial Strike Continues

For over a month now, the Judiciary Staff Union of Nigeria has been on strike. This has caused a complete closure of all courts throughout the country. Unfortunately, this means that an already overburdened judicial system will be placed under further pressure when operations resume. There is currently no indication as to when the courts will […]

Intellectual PropertyNigeriaOur Network News
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Zipo: Making Headway Despite Operational Constraints

Although the Zimbabwean Registry has welcomed the fact that its Industrial Property Automated System (IPAS) is up and running again, the Registry’s operations were severely affected by the Covid-19 pandemic as ZIPO is now running on a limited staff complement. The Controller of Patents, Trade Marks & Industrial Designs has however assured practitioners that the […]

Intellectual PropertyZimbabwe
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Fathers’ Rights in Divorce South Africa

The Children’s Act 38 of 2005 is watershed legislation designed to achieve many purposes, prime among them is ensuring the best interests of the child are guarded and treated as of paramount importance in any matter concerning a child. The Children’s Act may also go a long way in resolving archaic and gender-powered relations within […]

Commercial LitigationFamily LawSouth Africa
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The Gambia Ratifies Banjul But Questions Remain?

On 3 May 2021, the Government of the Republic of The Gambia deposited its Instrument of Ratification to the Banjul Protocol on Marks with the Director General of ARIPO. Accordingly, The Gambia will be eligible for designation under the Banjul Protocol with effect from 3 August 2021. The ratification of The Gambia to the Protocol […]

Intellectual PropertyOur Network News
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Competition Commission Moves Toward Compulsory Small Merger Notification If Requirements Are Met

The Competition Commission (the “Commission”) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the Commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets. Due to the […]

Commercial LawCommercial LitigationCompetition Law