News & Insights
How Intellectual Property Rights are Human Rights
In Part One of this series of articles we introduced the concept of cultural appropriation and provided an explanation of why it sits uncomfortably with most of us. In Part Two we discussed the power dynamics at play and whether that power-balance has been struck in the current IP legislation we see internationally. This article by Myriam […]
July 07 2018
COPYRIGHT IN TATTOOS | A PRICKLY LEGAL QUESTION
Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. A tattoo is an artistic work. If it is original and reduced to a material […]
June 03 2018
SOUTHERN SUN 'SQUARES OFF' AGAINST NAMIBIAN BRAND OFFENDER
Author: Kareema Shaik The Namibian High Court recently issued a decision (read the decision here) dealing with passing-off and copyright infringement in the matter of Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant) and Sun Square Hotel (Pty) Limited (Respondent). The Applicants form part of the well-known South African […]
May 31 2018
THOU SHALL NOT LIE - EVEN FOR LOVE
Earlier this year eHarmony Ltd (an online dating website) had one of its advertisements banned by the ASA in the United Kingdom for being untruthful – about love. The advertisement was a billboard on a London Underground platform and read: “Step aside, fate. It’s time science had a go at love.” It was complained to […]
May 30 2018
PHOTOBOMBED? PROTECTING YOUR COPYRIGHT
It was reported some time ago that a photographer named Shaun Earl Harris is suing the South African government for an astonishing amount of R2.1 billion for copyright infringement relating to the government’s alleged unauthorised use of a photograph featuring Nelson Mandela that Mr. Harris had taken. Mr. Harris made an impactful statement that got […]
May 29 2018
Power dynamics and IP laws | Is the balance fairly struck by current IP legislation?
Part one of this series by Myriam Christmann was titled The Thorny Issue of Cultural Appropriation and served as an introduction to the topic in general and introduced the idea that the remedy to widespread cultural appropriation could be achieved through carefully-drafted intellectual property laws. This post is an overview of the developments that led to the […]
May 21 2018
REPORT | THE APPLICABILITY OF THE MADRID SYSTEM IN AFRICA
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 utilise 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 […]
May 15 2018
THE DISTRIBUTION AND MARKETING OF MEDICINES IN SOUTH AFRICA
Author: Jenny Pienaar The commercialisation of pharmaceutical products has become more complex as the competitive and regulatory environment has evolved. Today, regulatory regimes not only aim to protect public health and to ensure that there is robust data to support the safety and efficacy of pharmaceutical products, but also to limit expenditure on pharmaceutical products […]
May 08 2018
The Thorny Issue of Cultural Appropriation
In the South African context, we are regularly confronted by examples of what is labelled as “cultural appropriation”. What is cultural appropriation and where is the line between cultural appreciation and cultural appropriation? In this guest post (the first in a series of posts on this topic), Myriam Christmann introduces us to the concept and […]
May 06 2018
OFFENCE IS THE BEST DEFENCE IN ANTI-COUNTERFEITING | GODFREY BUDELI
Partner in the Anti-Counterfeiting group at Adams & Adams, Godfrey Budeli regularly uses team sport analogies in describing the purpose and successes of his colleagues’ work. “Why not?,” he counters. “As in football, the success of a team depends on correct team placement, and strong leadership.” It’s his ‘captaincy’ that has once again earned him […]
May 02 2018
Five IP lessons from Kanye West
“Cars have four wheels. Hoodies have hoods. It’s amusing to me when someone says this is an original hoodie. Bro… it’s a hoodie ” @kanyewest If you have opened Twitter at all this week you would have no doubt encountered Kanye West’s latest tweets. His tweets are coming thick and fast, covering his musings on […]
April 17 2018
IP for good (beer)
AB InBev offers its patented technology for free to microbrewers after patenting a new brewing innovation The Guardian reports here that AB InBev, the World’s largest brewer, has developed a greener way to put bubbles in beer. This innovation may reduce the company’s CO2 emissions by 5% which is said to be the equivalent to the […]
April 09 2018
How Creatives Can Protect Their IP | The AFI Cape Town Fashion Week
Jean Bruneau talks fashion and IP with David Tlale At the #IPLiveBlog we love partnering with our clients to provide industry-specific advice and information. When African Fashion International (AFI) asked us to get involved to present a masterclass on IP protection for fashion designers at the recent AFI Cape Town Fashion Week, we jumped at the […]
April 03 2018
WHAT ROLE DO IP RIGHTS HAVE IN DISCOURAGING CULTURAL APPROPRIATION?
What role, if any, do intellectual property rights have in discouraging cultural appropriation? Cultural appropriation may loosely be defined as the borrowing of elements from a culture without the consent of people belonging to or observing that culture. Cultural appropriation frequently enters mainstream debate in the realm of haute couture. This topic is where the […]
April 03 2018
A 'TUTU' BEAUTIFUL DESIGN BY AN IP-SAVVY DESIGNER
It’s the most beautiful object in South Africa – and it’s protected! Thabisa Mjo’s Tutu 2.0 Pendant Light was recently awarded the illustrious #MBOISA title at Design Indaba 2018. It’s easy to see why it won the accolade – a stunning use of both western and African fashion styles. For the story of Thabisa’s design […]
March 01 2018
Criticising Blockchain Technology Is Like Criticising the Alphabet
In my previous post on blockchain technology I suggested that the impact of blockchain technology on society will be enormous. While there are a number of skeptics out there dismissing the potential impact out of hand, I would argue that criticising blockchain technology is akin to criticising the alphabet. In its time the invention of the alphabet had […]
February 26 2018
HERE'S AN IDEA | EASY GUIDE FOR SMALL BUSINESS
Are you starting, or have you already established a small or medium-sized business? There are many key considerations in relation to IP and governance when setting up a business.Adams & Adams is a proud supporter of initiatives such as the National Small Business Chamber (NSBC) and the Business Day TV SME Summit. If you’d like […]
February 21 2018
OF SEE-THRU FENCES AND LIQUORICE ALLSORTS | COCHRANE v M-SYSTEMS
The appellant, Cochrane Steel Products (Pty) Ltd (“Cochrane”), applied for the registration of the mark ‘CLEARVU’ in two classes: Class 6 in relation to “non-electric cables and wires of common metal; metal fences; metal mesh; pipes and tubes of metal; and Class 37 in relation to “building, construction, repair and installation services. The above trade […]
February 19 2018