news

The School Uniform Investigation

We take a look at the intended effects of the Competition Commission’s investigation into the pricing of school uniforms and the subsequent agreements signed before the Competition Tribunal in 2019.

Commercial LitigationJac MaraisLitigationMia de Jager
news

But what about the kids?

When mom and dad decide to get a divorce, the effects on children are frequently often overlooked. What are the responsibilities of the parents and the divorce attorneys?

Commercial LitigationFamily LawShani van Niekerk
news

Developments in Alcohol Advertising: How We Market Today, Will Determine If We Can Market Tomorrow

On the 28th of January 2020, the Association for Alcohol Responsibility and Education (Aware.org) launched the new Code of Commercial Communications (“new Code”). It replaces the previous Code of Commercial Communication of Aware.org’s predecessor, namely the Industry Association for Responsible Alcohol Use (ARA).

Intellectual PropertyJenny PienaarTrade Marks
news

Does WhatsApp Constitute a Binding Agreement

Can a WhatsApp message lead to a binding contract? Recently, the Supreme Court of Appeal (SCA) was asked to pronounce on whether a WhatsApp message, in which a man indicated he would pay each of his children R1 million if he won R20 million, gave rise to an enforceable contract.

Commercial LawDemi Pretorius (née Cyster)
news

South Africa | A New Franchising Code is Imminent

Filling the gaps present in the Consumer Protection Act (CPA) 2008, the Franchising Association of South Africa’s (FASAs) will regulate the relationship between franchisors and franchisees going-forward.

Eugene HoneyFrachisingIntellectual PropertySouth AfricaTrade Marks
news

Functional Design Registrations | The Definitive Statement is King

A recent decision concerning a functional design registration registered in terms of the Designs Act 195 of 1993 was handed down by Acting Judge Millar in the High Court, Gauteng Division, Pretoria.

Intellectual PropertySophia Smallbones
news

“God Mode” Your IP | Exploring IP protection options for the gaming industry

Back in the day, young gamers used to immerse themselves in games such as Street Fighter, Super Mario, Cadillacs and Dinosaurs, and Tomohiro Nishikado’s Space Invaders. Nowadays, gamers battle it out in a game of FIFA, God of War, and Fortnite, in the hopes of becoming the next Kyle Giersdorf, winning $3 million in prize […]

Intellectual PropertyPatents
news

Annual events, annual accidents? What victims need to know

Often road accident victims, or their relatives, are unaware of what legal remedies are in place and those who do not know where to go or if their claims are valid.

Commercial LitigationLitigationMtho Maphumulo
news

The legal pitfalls of offensive branding

Over the past year or so, a surprising number of international brand owners have come under fire for offensive marketing campaigns, products, and brand names. Kareema Shaik, Senior Associate at Adams & Adams, on drawing the line between interesting and offensive branding.

Intellectual PropertyKareema Shaik
news

Restoration and optimism dominate Africa IP Conversations

The 7th annual Adams & Adams Africa IP Network Meeting took place in Pretoria, South Africa recently, providing a unique opportunity for agents, practitioners and registrars from across the continent to share experiences, challenges, progress and learnings on intellectual property prosecution and litigation in their respective jurisdictions and regions. The meeting was overshadowed by the […]

Gérard du PlessisIntellectual PropertySimon Brown
news

The Grocery Retail Sector Market Inquiry preliminary report on Exclusive Lease Agreements

On 30 October 2015 the Competition Commission established the Grocery Retail Sector Market Inquiry (the “Inquiry”) with the purpose to assess amongst others, the impact of long-term lease agreements entered between property developers and national supermarket chains. 4 years on, the Inquiry has published preliminary findings and recommendations. The Inquiry found that the existing features […]

Commercial LawNjabulo Mazibuko
news

The Tiff over Teff | Traditional Knowledge

Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope […]

Intellectual PropertyPatentsSophia Smallbones
news

Making a song and dance about Copyright in Choreography

Dance as a copyright-protected work came under the international spotlight over the last year in the USA.

Intellectual PropertyKim Rampersadh
news

These ingenious African inventors are tackling the world's worst water weed

Hya Matla Organics has found a way to deal with a plant that is choking Africa’s waterways, and Adams & Adams is leading the charge to protect their invention worldwide.

Intellectual PropertyPatentsThapelo Mmotong
news

Muddy puddles! A trade mark lesson from Peppa Pig

While protecting one’s IP can be quite a costly exercise, it is nothing compared to the cost of trying to get it back.

Amina SulimanIntellectual PropertyTrade Marks
news

Rugby League star's family to receive compensation following his wrongful death in hospital

The High Court in Pretoria has ruled that Gauteng's current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player's death at the Steve Biko Hospital.

Commercial LitigationJean-Paul RuddLitigationMedical MalpracticeRoad Accident Fund
news

Assigning High Demand Spectrum in the ICT Sector - A possible hybrid method

The telecommunications sector is the backbone of the of the digital economy. Access to spectrum is essential for speedy, reliable and affordable access to world class networks and communications which form the basis for online activities and more broadly, participation in the Fourth Industrial Revolution. The recent withdrawal of the Electronic Communications Amendment Bill (“EC […]

Commercial LawJac Marais