News & Insights
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
Bad Faith Recognised as a Ground of Opposition
In a recent decision by the Registrar of Trade Marks in Zambia, it was confirmed that “bad faith” can be relied upon as a ground of opposition against a trade mark application. The matter related to an opposition by Anhui Liangliang Electronic Technology Co Limited (“the Opponent”) against an application to register the mark TORCH […]
August 16 2020
Construction Contracts and COVID-19: Managing Risks During the Pandemic
In recent months, nearly every aspect of society has been affected by the COVID-19 pandemic. The construction industry has not been spared. Globally, businesses and economies have been brought to their knees and, in an ultra-globalized world, a tangled web of risks and challenges for employers, contractors and other stakeholders in the construction industry have […]
August 12 2020
Where to now for South Africa’s copyright reform?
As first published in SAIIPL’s IP Briefs (Vol 2, Issue 7) August 2020. On the 22nd June, with the announcement of President Ramaphosa’s decision to refer the Copyright Amendment Bill (the “Bill”) and the Performers’ Protection Amendment Bill back to Parliament, a highly controversial legislative package that was railroaded through Parliament came to a screeching […]
August 07 2020
Adams & Adams Women Are Breaking Limitations and Exceeding Expectations
The female talent at Adams & Adams have pushed boundaries and broken the mould of what it means to be a woman in the legal profession in South Africa. In 2019/2020, 11 women in the firm received global, and national, recognition for their exceptional work in the field, receiving more than 23 awards and accolades. […]
August 06 2020
Neil Young Kicks Trump to the Curb: No More ‘Devil’s Sidewalk’!
Well-known musician Neil Young is suing the presidential campaign of Donald Trump, calling on the campaign to stop all use of his music at Trump rallies. These songs include “Devil’s Sidewalk” and “Rockin in the Free World”. Mr. Young is apparently of the view that Trump’s campaign has no “free world” spirit at all, but […]
August 05 2020
Lockdown Heightens Possibility of Professional Negligence Claims Against Lawyers
It has now become ostensible that COVID-19 pandemic together with the restrictions imposed by governments around the world will affect everyone, every profession and business. The nature and financial muscles of businesses have been tested to the greatest extent. This has proved to be true for the legal profession and, will continue to be so […]
August 05 2020
Adams & Adams Africa Update 2020 - Welcome from our Advisory Unit
We are pleased to bring you the first section of the 2020 issue of the Adams & Adams Africa Update. While the far-reaching effects of the global Covid-19 pandemic on Africa’s economy will be difficult to predict, we believe that our continent will recover and remain increasingly relevant on the world stage. As always, the Africa […]
August 04 2020
Is booking.com a Trade Mark?
“.com” domain names comprising generic words, such as booking.com, are very valuable pieces of online real estate. The question is whether these highly sought after generic.com domains qualify for registration as a trade mark. This was an issue recently decided by the Supreme Court of the United States. Booking.com, the well-known digital travel company which […]
August 03 2020
Forced Leave, Retrenchments and Dismissals - Lockdown Labour Questions Answered
What are the rules and regulations regarding dismissals during the lockdown? Employers are not precluded from dismissing employees during the national lockdown, provided that such dismissals are implemented in terms of the LRA. In this regard, the LRA provides that a dismissal must be for a fair reason (misconduct, incapacity or operational requirements and effected […]
August 02 2020
Guidelines on the Enforcement of Buyer Power Regulations
Companies now have further clarity on the enforcement of competition law, particularly regarding the Competition Act’s price discrimination and buyer power provisions. The Competition Commission (“Commission”) recently published guidelines on how the ‘Buyer Power’ regulations will be enforced. The Buyer Power regulations – essentially aimed at levelling the playing field for companies – will assist […]
July 27 2020
Did you know? In the current market, buying is cheaper than renting
For many South Africans, owning a property has become more than a distant dream. Instead, it is fast becoming a viable option to swap the renting space for owning property. With the current economic pressure, especially during the COVID-19 pandemic, the Reserve Bank has reduced the repo rate by a total of 3% since the […]
July 24 2020
Southern Sun Squares off Against Namibian Brand Offender
In 2018, the Namibian High Court issued a decision in favour of the Applicants, Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant), on the basis of passing-off and copyright infringement, against Sun Square Hotel (Pty) Limited (Respondent), a Namibian company. The First Applicant, Southern Sun Africa, a Mauritian company, […]
July 23 2020
OAPI Update
The COVID19 pandemic has impacted quite dramatically on the operations IP and other government offices in Africa and the rest of the world. Most Trade Marks Registries that have suffered intermittent closures and other interruptions due to national lockdowns or COVID-19 protocols have made provision for the extension of procedural deadlines on pending cases to […]
July 22 2020
Transforming International Trade Mark Registrations : An Africa Experience
The Madrid system, which makes provision for international trade mark registrations (“IRs”) filed through the World Intellectual Property Organization (“WIPO”), is considered to be a one-stop solution for the registration of trade marks worldwide, and serves as an alternative to individual national applications. Although the Madrid system has many benefits, some risks accompany this system. […]
July 20 2020
Landmark judgement against the Road Accident Fund
On 22 June 2020, the Supreme Court of Appeal not only delivered an interesting judgement for the legal fraternity but brought a widow one step closer to finally realising justice after 10 years. The judgement is crucial for litigators because the matter deals with a fairly regular and familiar issue, concerning a motor vehicle qualifying […]
July 18 2020
Protecting Traditional Knowledge as Intellectual Property
It was recently reported by News24 that the Ministry of Higher Education, Science and Technology has indicated, somewhat in passing, that it will be reassigning funds toward researching the possible efficacy of traditional medicines against Covid-19. Traditional medicines form part of that body of information which is commonly referenced in the intellectual property community as […]
July 15 2020