News & Insights
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 […]
July 17 2019
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.
June 26 2019
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.
May 28 2019
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.
May 16 2019
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.
May 10 2019
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 […]
April 03 2019
Tweeting Truthfully in Paid Posts - Advice for brands and influencers
The South African Advertising Regulatory Board (ARB) will soon issue a set of local guidelines on acceptable social media marketing and advertising, including brand promotion through the use of influencers.
March 26 2019
David Guetta accused of copyright infringement
A popular South African musician, Daniel Baron, has accused the international dance music superstar David Guetta of plagiarising the melody from one of his singles. In September 2018, Guetta released Light Headed, featuring Australian singer Sia. Baron claims that the melody is nearly identical to his own 2016 hit single, Children of the Sun. Renowned […]
March 20 2019
Zambia | Notice regarding Property Transfer Tax for Intellectual Property
On 25 December 2018, the Zambian Industrial Property Office issued a legal notice regarding the application of the Property Transfer Tax (Amendment) Act, 2017 on trade marks, patents and Industrial designs. The Amendment Act amends certain provisions of the Property Transfer Tax Act, Chapter 340 (Principal Act). The definition of “property” has been amended to […]
March 12 2019
Suspending your employee. The Long and the short of it
The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others 2018 ZACC 7, recently held that ‘there is no requirement’ for an employer to afford an employee an opportunity to make representations why the employee should not be suspended (in the case of precautionary suspensions), prior to suspending the employee. An employee […]
February 22 2019
So You Think You Can Patent Your Invention?
You’ve come up with a great new idea and believe you’re the first person in the world to have that idea. As you start planning world domination, you consider whether you can patent your invention. Patents protect new inventions and give the owner a 20-year head-start as it gives the owner a right to exclude […]
February 18 2019
Botched medical procedure? Here's what to do.
Unfortunately incidents where it can be shown that medical professionals have neglected their legal obligation and are negligent are becoming commonplace. So what steps should you take if you, or a loved one, find yourself in a similar position?
November 29 2018
Listen | Who owns the copyright to the tattoo on your body
Author: Nicole Smalberger Nicole Smalberger discusses copyright in tattoos with 702 Talk Radio’s Joanne Joseph. Would it ever occur to you that a third party might be able to claim rights on your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. […]
November 15 2018
Will privacy laws like GDPR and POPI kill the direct marketer?
Currently, the Electronic Communications and Transactions Act, 2002 (the ECTA) and the Consumer Protection Act (the CPA) regulate the sending of unsolicited commercial communications (emails, texts and the like). An unsolicited communication can be sent, unless the recipient has requested the marketer to refrain from sending such communications (opted out). The ECTA specifically provides consumers […]
November 01 2018
More than meets the (GU)I! - IP Protection for Apps
The demand for software applications, particularly mobile apps has grown at a phenomenal rate in recent years, fuelled in part by the ever growing use of smartphones globally. In 2018, it is estimated that 66% of individuals in 52 key countries will own a smartphone, up from 63% in 2017 (Zenith Mobile Advertising Forecasts). Meanwhile, […]
October 30 2018
It may be time to review your policy on Accrued Annual Leave Payments
There are three possible instruments that regulate the payment of accrued annual leave upon an employee’s termination of employment. The first is the Basic Conditions of Employment Act (BCEA)1, second, an employment contract and the third, a leave policy. The BCEA does not stipulate the minimum amount of statutory accrued annual leave that ought to […]
October 30 2018
Inventorship in the Age of Artificial Intelligence
Who should get credit for an invention which was devised by superhuman AI with little or no human intervention at all. Would it be the original creator of the AI, the AI itself, or can it possibly be the end user of the superhuman AI coming up with the inventive solution?
October 30 2018
Getting High on Intellectual Property Rights
For now, the commercialisation of cannabis (apart from hemp) in South Africa is theoretical, since the cultivation and use of cannabis is only allowed in private. However, legitimate commercial opportunities will inevitably shape policy and decisive IP strategies will pay dividends. Choosing a protectable brand from the start is essential!
October 23 2018