News & Insights
Third Party Claim Prescribes After the Sheriff Refuses to Serve a Summons
Author: Mpumelelo Ndlela The Supreme Court of Appeal (SCA) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA (“Motloung”), discouraged the conduct of the sheriff in Pretoria East (“the respondent”) for refusing to serve a high court summons, resulting in the prescription of the Appellant’s third party claim […]
July 12 2020
The Curious Case of the Iconic “Pointy S”
Whether you are an 80s, 90s, or now kid, you are likely to have fond memories associated with practising and perfecting the “pointy S” symbol. Although the origins of the “pointy S” symbol are not quite known, the “pointy S” symbol has now been registered as a trade mark in the United States Patent and […]
July 12 2020
The Challenge to Tobacco Control Goes up in Smoke
We previously reported (here) on the initial decision by the World Trade Organisation (WTO) to uphold legislation in Australia which implemented mandatory plain packaging in relation to tobacco products, as well as the looming implementation of similar legislation in South Africa. The initial decision of the WTO was published in June 2018. It was subsequently […]
July 09 2020
Buyer Beware - Potential Perils of Purchasing a Parallel Import
There can be no denying that online shopping has been a blessing in disguise during these unsettling times. Not only has it provided a way to purchase necessary goods during lockdown, it has provided some much-needed online retail therapy from the comfort of your own home. It has further proved to be a useful mechanism […]
July 06 2020
Blockchain Technology and IP Protection
Whilst cryptocurrency may have existed since 2008, in the last few years it (along with the technology that underpins it, the Blockchain) has penetrated the public consciousness like never before. Blockchain technology was and is lauded for its transparency and its ability to decentralize the transmission of information. These are desirable conditions for the creation […]
July 01 2020
Intellectual Property Exchange Control
Intellectual property (IP) assets, although intangible and invisible, are financially quantifiable. This means that they can be traded and commercialised. Intellectual property exchange control regulations govern limitations on the purchase and/or sale of IP assets. Intellectual property exchange control oversees sales, outsourcing, joint ventures, technology transfers, development, service arrangements or other related transactions involving outward […]
June 25 2020
Liberty Group wins against Discovery Vitality and opens the door for Comparative Advertising
Adams & Adams Partner and Chairman, Gérard du Plessis, represented the Liberty Group in the judgment they won in the Johannesburg High Court earlier this month against Discovery Vitality. Not only was the judgment ground-breaking when it comes to trade mark law, but it has interesting implications when it comes to comparative advertising. In plain […]
June 23 2020
POPIA commencement date announced
It has been officially announced that numerous sections of the Protection of Personal Information Act, 2013 (POPIA) will commence on 1 July 2020. This means that, after a process that lasted several years, South Africa will soon have effective data protection legislation. Although the entire POPIA will not commence, most of the important substantive sections […]
June 22 2020
Untying the Knot – Divorce and Joint-Ownership of Property
When the bonds of marriage are declared irretrievably broken down, there is a myriad of administrative issues that need to be resolved. One of these issues relate to immovable property that is owned in the joint names of both parties to the dissolved marriage. And even more so, when there is a mortgage bond registered […]
June 22 2020
The Voetstoots Clause: What to Know
Most sale agreements of immovable property contain a clause in terms of which the purchaser thereof agrees to buy the property voetstoots.
June 22 2020
Black Lives Matter / I Can’t Breathe
Manchester- based businessman Georgios Demetriou of Licence to Thrill Ltd (“the Applicant”) recently applied to register the phrase “BLACK LIVES MATTER” under trade mark application no. 3497647 and “I CAN’T BREATHE” under trade mark application no. 3497640 at the United Kingdom Intellectual Property Office (UKIPO). These phrases are associated with the current worldwide protests following […]
June 21 2020
The Copyright Amendment Bill and claims for compensation in criminal cases
The Copyright Amendment Bill (“the CAB / the Bill”) has caused much debate and controversy in the protection of Intellectual Property rights in South Africa. One of the main points of contention is the fair use policies the CAB seeks to implement, which are similar to the fair use policies incorporated in United States (“US”) […]
June 17 2020
Think Branding…
The national lockdown, due to the worldwide COV19 pandemic, has had negative consequences on many businesses. This has led to people having to think outside the box to make ends meet, some of these ideas being to explore the possibility of new entrepreneurial ventures. While considering which business opportunity to spend your time on, it […]
June 16 2020
Property Transfers - What Could Be the Delay?
Most sellers, purchasers, estate agents, banks and attorneys were relieved when it was announced that deeds offices could re-open on 4 May 2020 under the Alert Level 4 of lockdown regulations. This meant that property transactions previously concluded could be finalised, at which stage sellers could receive the proceeds of sale, purchasers who contracted to […]
June 12 2020
A New Franchise Industry Code for South Africa
As you may recall, the Consumer Protection Act, no. 68 of 2008 (“CPA”), introduced franchise legislation into the franchise industry in South Africa, on or about 1 April 2011. By way of example, Regulation 2 thereof sets out 50 or more points which need to be dealt with and included in a compliant franchise agreement. […]
June 11 2020
What Brand Owners Need to Know When Conducting and Running an E-Commerce Business in China
Introduction COVID-19 has completely changed day to day life when it comes to purchasing goods. With online shopping increasingly becoming the “new normal”, it is important for brand owners to conduct full self-reflection on how they do businesses locally and internationally. This includes considering brand protection, brand related risks of running an e-commerce business and […]
June 10 2020
The Madrid Protocol | 2020 Update
Although the Madrid system functions very well in most countries outside of Africa where IP laws are at similar stages of development and IP Offices utilize advanced technologies and maintain digital registers and systems, the reliance on the Madrid-system in most African countries carries with it a degree of commercial risk (the level of which […]
June 08 2020
Foreign, Muslim and Hindu Marriages
It often happens that a married person does not understand the legal consequences of their marriage. Even worse, parties to a marriage sometimes only realise afterwards that their marriage is not recognised as a legally binding marriage in terms of our legal system. Below is a brief explanation of the validity and consequences of marriages […]
June 08 2020