News & Insights
Africa Update 2020 - Sierra Leone
Trade Mark Prosecution: Update The Registry is applying the provisions of the 2014 Act, although the date of the Act has not yet been made available. As per our previous update, it is now possible to file for trade mark applications covering both goods and services. Under the previous Act, it was not possible to […]
October 25 2020
Protecting and Cultivating Innovation in a Remote Working Environment – a Legal Analysis
88% of the respondents in the Savile Row Workplace survey published in October 2020 would prefer to either work from home or a combination of both. A few days ago, Microsoft a permanent work from home option with its staff. Despite this, 67% of the respondents in the survey have not changed work policies or […]
October 25 2020
Looking to invest in Africa’s most populous nation? Don’t Forget the IP!
NIGERIA ratified in 2019 what is considered to be one of the biggest free trade agreements ever, the African Continental Free Trade Agreement (AfCFTA). The agreement has been ratified by more than 50 countries on the continent, the aim of which is to encourage trade relations. The Agreement facilitates reductions in duty and exchange rate […]
October 22 2020
Trade Marks Matter, Especially During COVID!
COVID-19 has had an impact on most businesses. Over the last year, businesses have been grappling with the impact that COVID-19 has had on their operations. Intellectual property, and specifically trade marks, has taken a backseat to more pressing concerns. While this is understandable, it does help to remind ourselves why intellectual property, and particularly […]
October 20 2020
Relocation Within and Across the South African Borders - What About the Kids?
It is expected of divorced parties to close the old book and start a new life after what is usually a traumatic and most definitely a life-changing experience. Very often a new life does not only include a new haircut and wardrobe but also a new province or even a new country. It is an […]
October 18 2020
Serving Notice Against the State During Lockdown: The Possible Saving Grace for Claimants Restricted by Pandemic Regulations
The nationwide lockdown caused by the COVID-19 pandemic has had a major effect on people’s daily activities. Under Level 5 (from 26 March to 1 May 2020), people’s movements were greatly restricted, and failure to abide by the government regulations had serious ramifications for offenders. These restrictions, as well as the closure of various institutions […]
October 13 2020
Africa Update 2020 - São Tomé and Príncipe
Registry Visit Adams & Adams’ Mozambique partner, Elio Teixeira, travelled to São Tomé in São Tomé and Principe in November 2019 to meet with the Registrar of the National Intellectual Property and Quality Service (SENAPIQ), Mr. Domingos da Silva da Trindade. We were encouraged to learn of the Registry’s computerisation project, supported by WIPO, which […]
October 13 2020
Africa Update 2020 - Rwanda
Trade Mark Renewal Exercise – Deadline Extended In accordance with Rwanda Law No. 31/2009 on the Protection of Intellectual Property (“the Law”) of 14 December 2009, all trade marks registered in terms of the old 1963 Act, i.e., trade marks registered before 14 December 2009, were to be renewed before the 14th of December 2019, […]
October 12 2020
Africa Update 2020 - Nigeria
INTA Workshop Promotes Further Positive Changes at the Registry Following last year’s release of the first-ever compendium of trade mark opposition rulings by the Registry, a workshop with senior trade mark officials was held in Abuja, in collaboration with INTA. Simon Brown (partner) and Kelly Thompson (partner), together with local lawyers and a team from […]
October 08 2020
Key Legal Aspects of Franchising Law
What is a license? A license agreement is a type of contract in which the proprietor of intellectual property would grant to a user or licensee the right to use that intellectual property. The relevant intellectual property could, for example, include patents, registered designs, trade marks, copyright, know how and the like, either individually or […]
October 08 2020
Africa Update 2020 - Namibia
Anti-counterfeiting training During May 2019, we travelled to both Windhoek and Walvis Bay to conduct Brand Identification Training with officials of the Namibian Ministry of Finance, Department of Customs and Excise. Two separate sessions were conducted in Windhoek and Walvis Bay, the initial session a theoretical one focusing on identification of counterfeit goods and the […]
October 08 2020
Copyright Protection Explained
Copyright protection and the laws surrounding copyright infringement are governed by the Copyright Act of 1978. Copyright is the legal protection of certain classes of original work. The owner of the copyright is given the exclusive right to utilise their original work as they choose, with sole authority to permit others to use it. Copyright […]
October 07 2020
Africa Update 2020 - Mozambique
Tommy Flange The Mozambique Trade Mark Registry has found in favour of Tommy Hilfiger Licensing B.V (the “Opponent”), on 23 January 2020, in an opposition against the registration of the trade mark TOMMY FLANGE, in class 25 filed by Hudsun (the “Applicant”). The Applicant is an entity that operates as a clothing store based in […]
October 07 2020
Understanding Digital Signatures in the Modern Business World
The pen may be mightier than the sword, but in an ever-growing digital world, this small but mighty weapon may well be on its way to extinction. Signing on the dotted line, may become a dying art. From stone tablets to ancient Egyptian manuscripts, signatures in various forms have been used to authenticate transactions since […]
October 01 2020
UK Provisionally Closes the Door on AI Inventorship
In an article of ours of earlier this year, we discussed the administrative rejection, by the European Patent Office (EPO), of two patent applications, both in the name of Dr Stephen L Thaler, initially for not naming any inventors and, thereafter, for naming an artificial intelligence (“AI”) system (named “DABUS”) as the inventor. As we […]
October 01 2020
Mauritius Accedes to the Lusaka Agreement Becoming the 20th ARIPO Member State
On 25 September 2020, the Republic of Mauritius deposited its Instrument of Accession to the Lusaka Agreement with the Director General of ARIPO. The accession of Mauritius brings the total number of states who have acceded to the Lusaka Agreement to twenty. Whilst Mauritius is now a full member of ARIPO it has not yet […]
September 30 2020
McFringement? McDonald’s take Hungry Jack’s to Court over the new Big Jack burger
On 31 August 2020, companies in the McDonald’s group filed a lawsuit against the Hungry Jack’s franchise in the Australian federal court. The Hungry Jack’s chain, founded by fast-food mogul Jack Cowin in 1971, consists of approximately 400 stores across Australia (in comparison to McDonald’s estimated 970 stores). These conglomerates have had a tenuous relationship […]
September 28 2020
Africa Update 2020 - Morocco
OMPIC and WIPO sign Memorandum On the 4th of October 2019, the Moroccan Office of Industrial and Commercial Property (OMPIC) entered into a Memorandum of Understanding (MoU) with the World Intellectual Property Organisation (WIPO) concerning the promotion of alternative dispute resolution mechanisms in the field of industrial property. The objective of the MoU will see […]
September 28 2020