News & Insights
Africa Update 2020 - Ghana
Registry Visit In November 2019, Adams & Adams partner, Stephen Hollis, and Africa Practice Manager, Menzi Maboyi,) travelled to Accra to visit our Associate Office, as well as the Ghana Registry. They met with the Assistant Registrar, Mr. Know Sessa Acquaye, to discuss Registry operations and outstanding matters. Mr. Acquaye provided an update on a […]
September 14 2020
How Does the Bond Registration Process Work in South Africa?
A mortgage bond is registered when an owner of immovable property uses the property as security to raise funds from a bank or other financial institution. This is either done when purchasing a property or when a property already registered in the owner’s name is used to raise funds. The purchaser will apply for a […]
September 13 2020
The must know principles of copyright protection in significant African territories
For a continent so rich in culture, music and creative works, surprisingly little is published about copyright law on the African continent, outside of South Africa. Despite much of it being in dire need of updating and reform, most African countries do have copyright legislation, however. This form of IP protection can be an incredibly […]
September 13 2020
Africa Update 2020 - Ethiopia
Online Trade Mark Filing System Introduced in Ethiopia The Ethiopian Intellectual Property Office (EIPO), in collaboration with the World Intellectual Property Office (WIPO) has adopted an online trade mark filing system. The development was borne of an agreement between EIPO and WIPO to modernise the IP system in Ethiopia. The new system is expected to […]
September 13 2020
Africa Update 2020 - Eswatini (Swaziland)
Anti-counterfeiting training During March 2019, at the request of the Royal Swaziland Police, our Anti-Counterfeiting Team met with senior members of the Police to assist in developing and strategizing anti- counterfeit operations throughout Eswatini during April 2019. This meeting resulted in a Brand Identification Workshop being held with the Police during the first week of […]
September 12 2020
Primary Residence or Child Custody Law South Africa
A recently published report on Statistics SA has given insight into the divorce rate in South Africa; however, the report only reveals divorce rates up to the year 2018. The COVID-19 lockdown periods saw a significant (20%) increase in the number of divorce requests, while divorced and separated individuals struggled to navigate the blurred lines […]
September 10 2020
Africa Update 2020 - Egypt
Egyptian Trade Mark Office Fee Increase on Hold Official fee increases which were tabled in the ministerial decree No.179 dated 4 September 2019, were supposed to come into effect on 5 September 2019. However, this increase has not yet been effected and remains on hold. Associate Office hosts INTA Anti-Counterfeiting Workshop INTA Anti-counterfeiting Workshop In […]
September 01 2020
Africa Update 2020 - Democratic Republic of the Congo (DRC)
Positive Signs of Stability at the Registry The turnover in appointments of Ministers of Trade, who oversee the Registry functions, has always had a negative impact on the processing of applications filed at the Registry of the Democratic Republic of the Congo (DRC). This is as a result of the requirement that the registration certificates […]
September 01 2020
Africa Update 2020 - Cape Verde
Treaties Joined On 4 April 2019 Cape Verde took a monumental step in ensuring copyright protection for its authors by acceding to WIPO’s three main copyright treaties: The WIPO Copyright Treaty (“WCT”) The Performances and Phonograms Treaty (the “WPPT”) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired […]
September 01 2020
Africa Update 2020 - Burundi
New Approach to Trade Mark Renewals Historically, trade marks filed in Burundi were valid indefinitely; therefore, there was no need to pay renewal fees in this jurisdiction. In 2009, the law regarding trade mark renewals in Burundi changed. As mentioned in previous editions of this Update, trade mark proprietors should be aware of the impact […]
September 01 2020
Africa Update 2020 - Botswana
Author: Eugene Honey Registry Visit In July 2019, Adams & Adams partner, Eugene Honey and Trade Mark Administrator, Shakes Mashaba travelled to Gaborone to visit our Associate Office, as well as the Companies and Intellectual Property Authority (CIPA) at its premises in the new central business district. They met with the Registrar, Mr. Tim Moalusi, […]
September 01 2020
Lenovo Patent Case in UK Gives Guidance on Software Patentability in SA
Software patents have often been a divisive topic amongst technology companies and patent attorneys alike. This is certainly true in South Africa, but it is also a little more confusing here as we don’t have any reported cases on the topic to provide us with guidance or a set of rules for determining when, and […]
August 31 2020
UnLawful Sterilisation in South Africa
Over the past few years, there have been reports in South Africa of women being wrongfully sterilised. Various explanations have been given for this, most of which are discriminatory in nature, as these wrongful procedures tend to be performed on women living with certain chronic diseases, of a certain colour, of specific background, etc. It […]
August 25 2020
TikTok sued over Patents
TikTok, the social network and video sharing platform of the moment, is being sued for patent infringement. Rival Triller (less well-known than TikTok to many) has filed a patent infringement lawsuit in the USA for a video-related patent. The patent in question is US Patent No. 9,691,429. Patent documents can get pretty technical, but this […]
August 25 2020
Trade Mark Squatters Target the Washington Redskins' Name-Change Process
Facing mounting pressure from major retailers and the public, the Washington Redskins NFL franchise finally announced that it will be retiring its controversial Redskins name and logo. The team’s name has been widely contested, with a decades-long campaign from Native American groups, describing it as a “dictionary-defined racial slur”. While the possibility of a team […]
August 23 2020
COVID-19 Pandemic May Bring About Certainty Over Constitutional Damages Jurisprudence
In recent years, claims for constitutional damages have been gaining traction, as there has been a loud cry over the level of service delivery. Constitutional damages are the damages that the victim can claim where his/her constitutionally protected right has been violated. Covid-19 has put much pressure on the government to fast-track some basic services […]
August 19 2020
Geographical Indications: Are They on the Map in South Africa?
A geographical indication is defined in the TRIPS Agreement as an indicator that identifies a particular product as originating from a particular region or locality, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Examples of such indications are Champagne, Tequila, Karoo Lamb and Rooibos. These […]
August 18 2020
As an Organ of State, PRASA has an Obligation to Protect Passengers’ Bodily Integrity
Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day. It is also a division of the Passenger Rail Agency of South Africa (PRASA), a state-owned enterprise which is responsible for most passenger rail services in South Africa. The rail service providers like PRASA and Metrorail […]
August 16 2020