News & Insights
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
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