News & Insights
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.
November 03 2019
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 […]
September 24 2019
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 […]
July 23 2019
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