Adams News
Exclusion Clauses in Claims-Made Policies: What Insurers Need to Know
Claims-made policies in professional indemnity insurance often include prior exclusion clauses, which serve to limit the insurer’s liability for claims arising from circumstances that occurred or were known before the policy’s inception date. Insurers should exercise care in drafting prior exclusion clauses to ensure clarity and precision. Ambiguities in these clauses can lead to disputes […]
January 13, 2025
Lessons from the U.S.: Claims-Made Policies and the Importance of Objective Policy Terms Over Subjective Beliefs or Assurances
Can a professional services firm rely on a client’s assurance that they will not pursue legal action to avoid notifying its claims-made professional liability insurer of a potential claim arising from an alleged omission? This question is particularly significant in the context of claims-made professional liability insurance, where the insured’s duty to disclose any potential […]
January 7, 2025
Awareness of Fraudulent Communications
We have recently been made aware of individuals attempting to impersonate partners of Adams & Adams via email, particularly from the domain adamsafrica.org in an effort to mislead or defraud clients and the public. Please be advised that these individuals do not represent our firm. We are actively taking steps to identify and disable any […]
December 17, 2024|
48th Session of the ARIPO Administrative Council
Lesotho played host to this year’s annual Session of the ARIPO Administrative Council, which took place from 28 October 2024 to 1 November 2024. The Session was officially opened by the Minister of Law and Justice, Honourable Richard Ramoeletsi and focused on how IP can be used to drive economic growth and innovation, as well […]
December 10, 2024|
Arusha Protocol for the Protection of New Varieties of Plants comes into force
On 24 November 2024 the Arusha Protocol finally came into force, almost 10 years after it was first adopted in Arusha, Tanzania on 6 July 2015. The Protocol aims to create a harmonised system across contracting ARIPO member states for the protection of plant variety rights (PVR’s), enabling applicants to apply for protection with the […]
December 9, 2024|
Liberia National Police shifts focus to the enforcement of IP rights
The sad reality is that in many African countries, access to cheap goods is often prioritised over products’ origin and, as a result, counterfeit goods have gained an enormous foothold in the continent. Unfortunately, the failure of local governments to address this, has the devastating effect of undermining IP laws and ultimately making countries less […]
December 9, 2024|
IP Labs 2.0 inspires green innovation
The World Intellectual Property Organisation (WIPO) Nigeria Office has partnered with the Japan Patent Office to create two initiatives aimed at promoting sustainable development in Nigeria and to encourage innovation. The IP Labs 2.0 and IP for Green Innovation projects were launched early in November 2024 and seek to provide intellectual property tools and knowledge […]
December 9, 2024|
OAPI championing initiatives for food security in Africa
OAPI brought together over thirty national decision makers and key role players from the agricultural sector at a national workshop held from 4 to 6 November 2024 in N’Djamena, Chad. Aimed at establishing guidelines for the creation, protection and enhancement of new plant varieties in Chad, the workshop was opened by the Chadian Minister of […]
December 9, 2024|
OAPI leads the way in global design protection strategies
From 11 November 2024 to 22 November 2024 the WIPO Diplomatic Conference took place in Riyadh, with the focus being the adoption of the Design Law Treaty (DLT). Over 1000 delegates from across the world met with the view of implementing this ambitious project aimed at simplifying and harmonising the enforcement of design protection across […]
December 9, 2024|
Senegalese Customs seizes counterfeit medicines in excess of 500 million CFA Francs
The Senegalese Customs Service executed a series of search and seizure operations during mid-November, forming part of a nation-wide strategy to address the distribution and sale of counterfeit narcotics and medicines. An estimated 400 kilograms of Indian Hemp, valued at 48 million CFA Francs, was seized in Keur Ayip, a village located on the border […]
December 9, 2024|
Kenya opens the gate for importation and cultivation of Genetically Modified Organisms (GMO’s)
The recent dismissal by the High Court of an anti-GMO (Genetically Modified Organisms) case aligns Kenya’s position on this topic with the stance that has already been adopted by several African countries. South Africa, for example, has been cultivating genetically modified maize, cotton and soybeans for years, with other countries such as Ethiopia, Malawi and […]
December 9, 2024|
ARIPO Administrative Council Meeting – Lesotho
ARIPO Administrative Council Meeting, 28 October 2024 – 1 November 2024 in Maseru, Kingdom of Lesotho The 48th Session of the Administrative Council of the African Regional Intellectual Property Organisation (ARIPO) was held in Lesotho from 28 October 2024 to 31 November 2024. Adams & Adams Partner, Jameel Hamid, Associate Marile Fouche and Africa Practice […]
November 15, 2024|
WAS THE DECISION BY THE NPA TO REMOVE COUNTERFEIT GOODS MATTERS FROM THE COMMERCIAL CRIMES COURT IN LINE WITH THE RIGHT OF ACCESS TO JUSTICE AS SET OUT IN SECTION 34 OF THE CONSTITUTION?
South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law. All decisions taken by State organs must promote, and not frustrate, constitutional principles. In 2018, the then President of the Republic of South Africa established a commission of enquiry […]
November 12, 2024|
ECOWAS swears in members of the Competition Advisory Council
On 1 October 2024, ten members of the first Council of the Economic Community of West African States (ECOWAS) Regional Competition Authority (ERCA) were sworn in. This completes the setup of the structures of the ERCA which is now ready to begin its actions in the regional market. The members will serve a four-year term […]
November 11, 2024|
The Liberia National Police partners with the Liberia Intellectual Property Office on enforcement of IP
Counterfeit goods have gained a substantial foothold in the African continent where access to cheap goods is often prioritised over their origin and quality. Their ubiquitous proliferation and failure to adequately combat intellectual property (IP) piracy has a knock-on effect of undermining IP laws, making those economies which fail to take action less attractive for […]
November 11, 2024|
Francophone Alliance for Intellectual Property is launched
On 2 October 2024, amidst the Francophonie summit, the Alliance Francophone pour la Propriété Intellectuelle was launched in France, and attended by many institutions, including the African Intellectual Property Organization (OAPI). The intended purpose of the Alliance Francophone pour la Propriété Intellectuelle is to enhance and promote the French language as a working language in […]
November 11, 2024|
Creative Economy Development Fund Launched in Nigeria
On 23 October 2024, the Federal Executive Council of Nigeria approved the Creative Economy Development Fund (CEDF) and the implementation of the Intellectual Property Monetisation Pilot (IPM Pilot). The establishment of the CEDF highlights Nigeria’s commitment to supporting creatives in the sector by providing much needed funding with a view to encouraging growth in the […]
November 11, 2024|
Pyrogen to launch Bio-char Infused Concrete Plant
A Kenyan startup company, Pyrogen, has developed an eco-friendly alternative to traditional concrete by including bio-char in its concrete mix, allowing it to sequester carbon dioxide (CO2). Following the award of a utility model patent in Kenya for the technology, Pyrogen is moving to the next phase of creating a pilot plant in the Baringo […]
November 11, 2024|
Government Committee meets to discuss development and implementation of various IP legislation
The Portfolio Committee on Trade, Industry and Competition comprised of members of the South African National Assembly held a meeting on 22 October 2024 discussing the development and implementation of various legislation including laws relating to intellectual property (IP). The committee first considered the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which […]
November 11, 2024|
Protecting well-known rights in the absence of deception and confusion.
Introduction Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit by using your trade mark in order to ride on your coattails and take advantage of the time and money […]
November 7, 2024|
Raising the Bar: Insights on Why Sub-Standard Expert Reports Fail in Court – Lessons from a Recent Insurance Repudiation Case
On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]
November 5, 2024
Domain Dispute Resolution: A Bright Victory for HAVELLS
In today’s increasingly digital world, safeguarding intellectual property rights online is more crucial than ever. A prominent threat to these rights is the ability of third parties with nefarious intentions, to “set up shop” with relative ease, in the online market space. This practice can severely damage a brand’s reputation, dilute its identity, and create […]
November 1, 2024
A self-sustaining problem: how government’s failure to staff its hospitals adequately increases the risk of medical malpractice in State Hospitals
On 27 September 2024, the High Court in Pretoria held the MEC for Health of the Mpumalanga Provincial Government (“the Defendant”) liable for the injuries a minor child sustained during his birth on 19 December 2010. In particular, the Court found that the hypoxic-ischemic encephalopathic brain injury sustained by the minor was caused as a […]
November 1, 2024
Policy Limits vs. Property Damage: Lessons from Hurricane Ian
Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property remains assessable. However, other disputes are […]
November 1, 2024
Recognition of Customary Marriages Act
GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES: Section 4(3)(b) of the Recognition of Customary Marriages Act 120 of 1998 states that a customary marriage entered into after the commencement of the Act must be registered within a period of three months after conclusion of the marriage or within a longer period as the minister may […]
October 31, 2024|
CYBERCRIME – COURT REAFFIRMS WHO BEARS RESPONSIBILITY FOR PAYMENT WHERE EMAIL SYSTEM IS SPOOFED!!
Cybercrime remains rife, despite the efforts to combat it. In a recent court case, the court reaffirmed the legal position as to who bears responsibility for payment where a third-party accesses an email system, changes the banking details, and payment is made into an incorrect account. In brief, the facts of the matter under discussion […]
October 21, 2024
PUBLIC PROCUREMENT BILL: A TURNING POINT FOR PUBLIC PROCUREMENT IN SOUTH AFRICA
The much discussed Public Procurement Bill has recently been passed by Parliament and its enactment awaits the President’s signature. South Africa’s legislative environment, as it relates to the procurement of goods and services, has always been a source of great controversy. The fragmentation of South Africa’s public procurement legislation has resulted in significant challenges for […]
October 21, 2024|
Uganda hosts Africa’s First Women in IP Conference
The African Intellectual Property Organisation (ARIPO) together with the Uganda Registration Services Bureau (URSB) held the inaugural conference on Women in Intellectual Property in Kampala, Uganda. The 3 day conference, which took place between 28- 30 August 2024, hosted guests and speakers from several ARIPO countries. Notable speakers included Bemanya Twebaze, the Director General of […]
October 15, 2024|
Blind SA approach the Constitutional Court to have the Copyright Amendment Bill signed
In 2022 the High Court declared certain sections of the Copyright Act of 1978 unconstitutional following a successful challenge by Blind SA, together with the legal assistance of Section 27. Blind SA contended that the current Copyright Act limits the availability of works in formats that are accessible to persons with print and visual disabilities […]
October 15, 2024|
Rwanda announces fund to support agri-tech entrepreneurs
The Hanga Agritech Innovation Challenge Fund, a collaboration between the Rwandan Ministry of Agriculture and Animal Resources and the World Bank, is aimed at supporting agri-tech entrepreneurs. The Fund is a USD 2 million facility that aims to address food challenges and advance food innovation in the country. The Chief Technical Advisor in the Ministry […]
October 15, 2024|
Nigeria set to establish Africa’s first stock image bank
The Advertising Regulatory Council of Nigeria (ARCON) has taken a decisive step towards establishing the continent’s first indigenous stock image bank, named the Nigeria Stock Image Bank (NSIB). ARCON inaugurated a 10-member Stock Image Bank Committee tasked with developing and submitting a report to lay the groundwork for implementing the stock image bank. The report is […]
October 15, 2024|
The level of evidence to successfully institute trade mark infringement proceedings in Kenya
The Kenyan High Court recently clarified the level of evidence required for trade mark owners to successfully obtain injunctions in trade mark infringement proceedings. In a decision involving a peanut wrapper trader, the registered owner of the trade mark STEAME MAX PEANUTS, claimed that the respondent had infringed her registered mark rights by selling peanut […]
October 15, 2024|
Ethiopia’s Accession to the Paris Convention
On 1 October 2024 the Ethiopian Council of Ministers approved Ethiopia’s ratification of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol. The ratification documents have been sent to the House of People’s Representatives for approval, and once approved, Ethiopia will officially become a member of the Paris Convention and the […]
October 15, 2024|
ARIPO announces the launch of the ARIPO Intellectual Property journalist Award
ARIPO, in collaboration with the Intellectual Property Rights & Innovation (AfrIPI) Project, recently announced the launch of the ARIPO Intellectual Property Journalists Award competition. The purpose of the competition is to recognise excellence in journalism, that creates public awareness and understanding of intellectual property rights, across the ARIPO Member States. Journalists were invited to submit […]
October 15, 2024|
12th Annual Adams & Adams Africa Network Meeting Event: 4-6 September 2024
Adams and Adams celebrates another successful annual Africa Network Meeting Pretoria, 11 September 2024 – Adams and Adams hosted its 12th annual Africa Network Meeting, the largest intellectual property (IP) seminar of its kind in Africa, from 4 to 6 September 2024 at its head office in Pretoria. The event provided an opportunity for the […]
September 13, 2024|
THE PROTECTION OF FAMOUS TRADE MARKS
In 2004, Benson & Hedges (Overseas) Limited filed an opposition against the registration of trade mark application UG/T/2004/039465 B&H in class 9. Benson & Hedges based its opposition on the local and international reputation vesting in the BENSON & HEDGES trade marks, including the B&H trade marks. It alleged, in effect, that its trade marks […]
September 12, 2024|
THE PATENT OFFICE IS OPEN FOR BUSINESS… SORT OF!
The Patent Office in Sudan has re-opened and is, once again, accepting new domestic patent applications. The Patent Office’s operations are, however, limited. Not only is the Patent Office not currently processing the newly filed patent applications, but the annuity fee payments still cannot be made at this time. Source: Sudan Patent Office Resumes Limited […]
September 12, 2024|
VALENTINE’S DAY IN THE SPOTLIGHT AT THE ADVERTISING REGULATORY BOARD
On the 20 June 2024, the Advertising Appeals Committee (AAC) of the Advertising Regulatory Board (ARB) was convened to consider an appeal against the ARB’s Directorate dismissal of a consumer complaint against Netflorist.co.za. Netflorist serves as an online gift and florist store and the advert in question was made for television and online platforms. “Babe, […]
September 12, 2024|
RWANDA’S NEW INTELLECTUAL PROPERTY LEGISLATION FROM A TRADE MARK PROSECUTION PERSPECTIVE
Rwanda published and enacted Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property (“the new Act”) on 31 July 2024, repealing Law n° 31/2009 of 26/10/2009. The new Act introduced some notable changes from a trade mark prosecution perspective. Acquired distinctiveness Previously, the Minister or a competent court had to consider whether a […]
September 12, 2024|
RWANDA’S NEW INTELLECTUAL PROPERTY LEGISLATION FROM A PATENT PERSPECTIVE
From a patent perspective, the new Act aims to enhance efficiency and align with international standards. Key changes include the option to amend patent applications before allowance or refusal, provided they do not extend beyond the initial scope. Applications can now be converted into provisional applications before examination, allowing for earlier filing dates. The new […]
September 12, 2024|
BIGG BOSS VERSUS BIGG POPS
Emanating from an opposed trade mark opposition, Rwanda’s Registry recently handed down a decision, where the Registry was called on to consider if the trade marks BIGG BOSS and BIGG POPS, when used in relation to confectionery, were confusingly and deceptively similar. In its decision, the Registry referred to foreign case law which emphasised that […]
September 12, 2024|
THE TRADE MARKS OFFICE IS ACCEPTING NEW APPLICATIONS
By Ministerial Decree, and with effect from 2 September 2024, the Libyan Trade Marks Office is once against processing freshly filed trade mark applications. A formal requirement to keep in mind when filing trade mark applications in Libya is that the application should be filed together with a legalised power of attorney and a company […]
September 12, 2024|
IP AND TRADTIONAL MEDICINES
The Companies and Intellectual Property Authority (“CIPA”) in Botswana is leading an initiative that is aimed at preventing biopiracy and ensuring that local knowledge of traditional medicine is not exploited without benefiting the local communities as well. To achieve this, CIPA is, effectively, looking to establish a register for traditional medicine practitioners as well as […]
September 12, 2024|
Rwanda’s New Intellectual Property Legislation
Rwanda published and enacted Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property (“the new Act”) on 31 July 2024, repealing Law n° 31/2009 of 26/10/2009. The new Act introduced some notable changes, which are outlined below. Trade Marks Acquired distinctiveness Previously, the Minister or a competent court had to consider whether a […]
September 11, 2024|
TRADE MARK OFFICE TO RESUME OPERATIONS FROM 2 SEPTEMBER 2024
The Libyan Trade Mark Office (“TMO”) has been operating at limited capacity and has not been accepting new filings for some time. However, following a recently issued ministerial decree, the TMO will resume operations as of 2 September 2024. From this date, applicants will once again be able to file trade mark applications in Libya. […]
August 21, 2024|
Liability Insurance: Can A Third-Party Plaintiff Successfully Sue An Insolvent Policyholder?
Introduction Any party that decides to launch legal action does so with the goal of attaining legal recourse. In insurance, specifically, parties typically sue for damages. On the surface, it may seem futile to sue an insolvent person, as the chances of recovering damages are practically non-existent. The question, therefore, becomes whether it is possible […]
August 16, 2024
Stakeholder meeting on the Anti Counterfeit Goods and Services Bill
On 3rd July 2024, a public stakeholder meeting was held over the Anti Counterfeit Bill in Kampala. The Anti Counterfeit Bill, 2023 is a Private Members Bill, that is, introduced by a Member of Parliament of Uganda and not the Government. The meeting was attended by government agencies such as the Uganda Police Force, Uganda […]
August 12, 2024|
Commercialisation of Plant Breeders’ Rights in the spotlight, as Japanese Kimito apple heads to South African shores.
An apple plant variety (HFF63) developed by Hirosaki University in Japan, and marketed under the name ‘KIMITO’, is to be cultivated in South Africa before the end of 2024. The venture follows an agreement between the university and Japanese food wholesaler and distributor, Wismettac Foods Inc. According to Wismettac Foods’ Mid-Term Business Plan (2024-2026) (https://www.wismettac.com/en/ir/library/plan/main/00/teaserItems1/00/linkList/0/link/MTP_full_E.pdf, […]
August 12, 2024|
Third-Party Notices: Navigating the Fine Line Between Contractual and Delictual Liability
Often, more than one Defendant is sued for damages that a Plaintiff has sustained, whether jointly or in the alternative. Uniform Rule 13 allows a Defendant to issue a third-party notice against another Defendant where the former believes it is, in law, entitled to a contribution or indemnification from the latter. This scenario unfolded in […]
August 12, 2024
The 5th annual All Africa Intellectual Property Rights Summit, 2024
The fifth edition of the All Africa Intellectual Property Rights Summit is to be held in Kigali from 28 to 30 November 2024. The summit is an initiative of the Africa Intellectual Property Centre, an organisation established in 2019 by the International Trade and Research Centre (An independent organisation aimed at providing support and public […]
August 12, 2024|
Geographical indication registrations for products from member states in line with its 2023-2027 Strategic Plan
The OAPI 2023-2027 Strategic Plan emphasises the organisation’s resolve to prioritise the establishment, development and protection of Geographical Indications for products originating from OAPI member states. Since the adoption of this strategic resolution, there has indeed been a rise in reports of geographical indication (“GI”) registrations granted for several products from OAPI member states. Amongst […]
August 12, 2024|
China- Egypt Patent Prosecution Highway pilot project extended to 2029
The China and Egypt Patent Prosecution Highway (PPH) pilot project was initiated in 2017 based on a two-year agreement, and at the end of the initial period, in 2019, it was extended for five years to 2024. The bilateral corporation has now again been extended to 30 June 2029. According to the statement that was […]
August 12, 2024|
ARIPO signs a Memorandum of Understanding with SADC
On 30 July 2024 ARIPO and The Southern African Development Community (SADC) signed a Memorandum of Understanding (MoU) regarding their collaboration on intellectual property matters. This was at the 7th SADC Industrialization Week in Harare, Zimbabwe. SADC is an intergovernmental community organisation, comprising of sixteen member states, namely, Angola; Botswana; Comoros; Democratic Republic of Congo; […]
August 12, 2024|
ARIPO & CHINA – Fast-tracked patent prosecution expected following the launch of Patent Prosecution Highway Pilot Program
ARIPO and the China National Intellectual Property Administration (CNIPA) have agreed to co-operate on the implementation of a bilateral Patent Prosecution Highway pilot program, which will run for five years, from 8 June 2024 to 7 June 2029. Patent Prosecution Highway (PPH) is a program that functions based on an agreement between jurisdictions, and it […]
August 12, 2024|
Adams & Adams welcomes Stuart Boyd as new Chief Operating Officer
Pretoria – Adams & Adams, a leading African law firm, is pleased to announce the appointment of Stuart Boyd as chief operating officer (COO), effective 1 August 2024. With a career spanning over 28 years in legal and financial services, Stuart brings extensive experience in strategic management and organisational leadership. He previously served as COO […]
August 1, 2024|
Understanding “Voetstoots” Beyond the Physical Condition of the Property
The term “voetstoots“, derived from Dutch and meaning “as is”, is a common legal term in South African property law. In property sale transactions, the principle implies that the property is sold in its current condition, with all its defects, whether patent (meaning visible) or latent (meaning hidden). If included as a condition in the […]
July 17, 2024
ETHIOPIA – Country Visit
Adams & Adams Partner, Stephen Hollis, and Africa Practice Manager, Menzi Maboyi, travelled to Addis Ababa, Ethiopia from 23 – 26 June 2024 to visit our Associate Office and the Ethiopian Intellectual Property Authority (EIPA), where they were scheduled to meet with the Director General (DG) of the EIPA, Mr Woldu Yemessel Baraki, and the […]
July 16, 2024|
7th OAPI/ARIPO Joint Commission discusses cooperation
At a meeting in Harare, the 7th OAPI/ARIPO Joint Commission met to discuss renewed and deepening cooperation between the two African regional Intellectual Property Organisations. A social media post by ARIPO indicated that the Commission started with an Experts Meeting to develop a 2024-2025 Work Plan detailing strategic areas of cooperation between the two organisations. […]
July 15, 2024|
Copyright and Related Rights Day
The Tunisian Organization for Copyright and Related Rights (OTDAV) organized the “Tunisian Days of Copyright and Neighboring Rights”, which was held on the 4th and 5th of June. This was the third such event of its kind, which we have reported on previously. The event saw the signing of agreements with several Tunisian universities as […]
July 15, 2024|
MultiChoice arrests video streaming pirates
In part of its ongoing clampdown on content piracy, South African broadcasting company MultiChoice has announced the arrest of two suspects associated with the Waka TV video streaming piracy operation. The arrests were the culmination of an operation carried out in collaboration with the cybersecurity company Irdeto and the Western Cape’s Cyber Crime Unit. The […]
July 15, 2024|
43 arrested for production of counterfeit SIM cards
In conflicting news for proponents of South African advanced manufacturing, youth employment and multi-national cooperation, the Gauteng Organised Crime Investigation Unit recently raided a counterfeit SIM card factory located in a house in Sandton. Once on the scene, it found and arrested either 43 or 45 individuals aged between 17 and 36, including two South […]
July 15, 2024|
OAPI grants geographical indication to madd of Casamance
In yet more Geographical Indication (GI) news, the African Intellectual Property Organization (OAPI) granted a GI to the Senegalese government for the madd of Casamance. A certificate to this effect was handed over on the 26th of June. Madd, also known as weda or laare, is a species of fruit-bearing plant which produces a hard-shelled […]
July 15, 2024|
Workshop on TRIPS
From 28 to 30 May 2024, the World Trade Organisation, in collaboration with Nigeria’s Federal Ministry of Industry, Trade and Investment, hosted a 3-day national workshop on the Trade Related Aspects of Intellectual Property Rights Agreement (“the TRIPS Agreement”). Although Nigeria has been a signatory of the TRIPS Agreement since 1994, the provisions of the […]
July 15, 2024|
Partners against Piracy launched in Namibia
In further news from Namibia, Partners against Piracy, an initiative spearheaded by MultiChoice, has now launched in Namibia. The initiative, which aims to reduce content piracy, involves a partnership with the Business and Intellectual Property Authority (Bipa), the Namibia Investment Promotion and Development Board (NIPDB), Namibia Film Commission (NFC) and Co-Creation Hub. The event included […]
July 15, 2024|
More on the Draft Data Protection Bill
Some of our readers may be aware of long-running discussions regarding the implementation of data protection legislation in Namibia. These efforts culminated in the publication of a Draft Data Protection Bill (2022) by the Namibian Ministry of Information and Communication Technology. The latest Bill was published for consultation and public comment in October 2022. However, […]
July 15, 2024|
Morocco leads the pack in African Geographical Indications
As recently reported, Morocco presently boasts the largest number of Geographical Indications (GIs) in Africa with 68 so-called ‘sui generis’ GIs recorded. This is followed distantly by South Africa, with 24, and Tunisia, with 16. GIs are used to designate products produced in a specific geographical region, and with qualities or a reputation tied to […]
July 15, 2024|
Ongoing strike action by the Civil and Local Government Staff Association of Ghana (CLOGSAG)
Information received from our hardworking local office in Ghana indicates that the ongoing strike by the Civil and Local Government Staff Association of Ghana (CLOGSAG) has caused the Industrial Property Office (IPO) and the Registrar General’s Department (RGD) to close from 3 July 2024 until further notice. We understand that payment issues are the reason […]
July 15, 2024|
OGAPI seminar raises awareness of Genetic Resources, Traditional Knowledge and Cultural Heritage
The General Directorate of the Gabonese Industrial Property Office (OGAPI) recently organized a seminar in Libreville on the theme of model laws on Genetic Resources, Traditional Knowledge and Cultural Heritage. The seminar presented model laws, with the aim of providing OAPI member states with a harmonized legal framework for the management of Genetic Resources, Traditional […]
July 15, 2024|
OAPI grants collective trademark for Attiéké
In further Geographical Indication (GI) news, the African Intellectual Property Organization (OAPI) has reportedly granted a collective trademark for Attiéké, a fermented cassava semolina traditionally produced by the lagoon communities of Côte d’Ivoire. The grant of this GI will hopefully strengthen the profile and desirability of this unique local foodstuff, which has been touted as […]
July 15, 2024|
WIPO Commits to Supporting Cameroon’s Intellectual Property Strategy Revamp
WIPO Director General, Daren Tang, recently concluded a series of meetings culminating in his attending the Heads of Intellectual Property Offices Conference (HIPOC) of African Intellectual Property Organization (OAPI). This reportedly marks the first ever visit of a WIPO DG to both Cameroon and to OAPI headquarters. As part of the visit, the DG met […]
July 15, 2024|
CNIPA launches Patent Prosecution Highway Pilot Program
From 8 June 2024 to 7 June 2029, the African Regional Intellectual Property Organization (ARIPO) will be implementing a bilateral Patent Prosecution Highway (PPH) pilot program in partnership with the China National Intellectual Property Administration (CNIPA). When using the PPH, an applicant which receives a positive examination in one jurisdiction can request expedited examination of […]
July 15, 2024|
Africa group asks for changes to WTO rules
On the 19th of June, the Africa Group at the World Trade Organization (WTO) has again asked for changes to WTO rules governing the acquisition and transfer of IP for the purpose of tackling a number of environmental and development challenges. This follows the March 2023 publication of a communication which laid out the groups’ […]
July 15, 2024|
Increase in statutory fee unit resulting in increased official fees
Statutory Instrument No. 25 of 2024 enacted the Fees and Fines (Fee and Penalty Unit Value) (Amendment) Regulations, 2024 on 15 April 2024. In terms of the new Regulations, the statutory unit fee has been revised from 30 Ngwee [K0.30] to 40 Ngwee [K0.40]. The increase in the statutory unit fee has led to an […]
June 18, 2024|
Secretariat of the African Continental Free Exchange Zone visits OAPI
On 2 and 3 May 2024, the Secretariat of the African Continental Free Exchange Zone (ZLECAF) visited OAPI’s offices in Yaoundé, Cameroon. The meeting between Mr. Desire Loumou, Head of the Intellectual Property Rights Division and Fikremarkos Merso, expert in Intellectual Property rights and the General Management of OAPI, was to facilitate initiating constructive dialogues […]
June 18, 2024|
SA Cannabis for Private Purposes Act signed into law
On 28 May 2024, President Cyril Ramaphosa signed into law the Cannabis for Private Purposes Act (CfPPA). The Act regulates the cultivation, possession and use of cannabis by adults in a private setting. The CfPPA removes cannabis from the Drugs and Drug Trafficking Act. It also paves the way for the amendment of the Schedules […]
June 18, 2024|
A recent decision: The road to Section 10(7) is paved with bad intentions
“The road to hell is paved with good intentions” is an old English proverb, meaning that well-intentioned actions may have unintended consequences. One might say that the road to section 10(7) of the Trade Marks Act is paved with bad intentions, as it provides that trade mark applications filed mala fide are considered unregistrable. […]
June 18, 2024|
Workshop to bolster substantive examination of trade marks
From 13 to 16 May 2024, five trade mark examiners from OAPI participated in a four-day workshop with EUIPO examiners at EUIPO’s offices in Alicante, Spain. The workshop is part of a project with the aim of lending‘Support to the OAPI capacity building programme for trade mark and design examiners at the EUIPO on substantive […]
June 18, 2024|
Nigerian national workshop on TRIPS
From 28 to 30 May 2024 a national workshop on the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), organised by the World Trade Organisation (WTO) in collaboration with the Federal Ministry of Industry, Trade and Investment, Nigeria was held at the Nigeria Export Promotion Council, in Abuja. Although Nigeria has been a signatory […]
June 18, 2024|
New Executive Director of the Copyright Society of Liberia
The Copyright Society of Liberia (COSOL), responsible for the protection and promotion of creative works, as well as, amongst other things, the collection and distribution of royalties for the use of creative works, has appointed a new Executive Director, Mr James Y. Draper. Mr. Draper is the former Executive Secretary of the Liberian National Commission […]
June 18, 2024|
Landmark visit by the DG of WIPO to OAPI office and conference
On 3 and 4 June 2024, the Director General of the World Intellectual Property Organization (WIPO), Mr Daren Tang, made a historic visit to the OAPI offices in Cameroon, for the‘WIPO Conference with the Heads of National Intellectual Property Structures of OAPI Member States’. On the first day of the conference there was a ministerial […]
June 18, 2024|
Ghana joins TMclass
From 13 May 2024, the Registrar General in Ghana will use and accept the terms from the harmonised database of goods and services (HDB) in TMclass. The incorporation of the Ghanian Registry in TMclass takes the total number of participating national and regional IP offices, which includes ARIPO, OAPI, WIPO and the EUIPO, to 93. […]
June 18, 2024|
Transition to E-filing – CIPA closure
In a public notice, the Companies and Intellectual Property Authority of Botswana (CIPA), announced that the online, e-Filing, system will launch in June 2024. In preparation for the launch, CIPA announced the closure of its offices from 3 June 2024 until 14 June 2024 and that it would not accept any paper documents or electronic […]
June 18, 2024|
Training on IPR Enforcement for ARIPO member states
From 28 to 30 May, a three-day training session on Intellectual Property Rights (IPR) Enforcement for ARIPO member states was held in Nairobi, Kenya. The training, organised by ARIPO in collaboration with Intellectual Property in Africa #AfrIPI and the Kenya Industrial Property Institute (KIPI), brought together IP professionals, government officials and law enforcement personnel to […]
June 18, 2024|
Banjul meeting: Director General meeting with the President of The Gambia
ARIPO Director General, Mr Bemanye Twebaze, and his delegation travelled to Banjul, The Gambia for a two-day high-level mission on 6 and 7 May 2024. The discussions were aimed at the advancement of The Gambia’s socio-economic agenda through the support of the ARIPO IP system. The mission included a diplomatic engagement with the President of […]
June 18, 2024|
2nd Edition of the African Publishers Conference
The 2nd edition of the African Publishers Conference, hosted by ARIPO and the Zimbabwean Book Publishers Association (ZBPA), was held at the ARIPO Office in Harare, Zimbabwe from 3 to 4 June 2024. The theme was “Enhancing the Capacity of African Publishing Industry for the Promotion of Literacy”. The conference was organised by the African […]
June 18, 2024|
Leading law firm Adams & Adams rebrands
Blurb: Leading African law firm, Adams & Adams, is rebranding to modernise its image and reposition itself in the marketplace. Adams & Adams has announced the launch of its refreshed brand identity. Like any rebrand, this is both a costly and time-consuming exercise, and rightfully begs the twin questions of whether a rebrand is appropriate, […]
June 5, 2024|
When things don’t go according to plan: the building plan conundrum in the sale of property transactions
When dealing with the sale of property transactions, focus is often placed on the essential terms of the contract of sale i.e. the capacity of the parties, the property description, and the purchase price. There is however another crucial aspect which is often not addressed in the contract of sale and that is the production […]
June 5, 2024
OAPI: E-FILING PROCESS TO COMMENCE FROM 3 JUNE 2024
The OAPI Registry has confirmed the implementation of its e-filing system, which will commence on 3 June 2024. As part of the Registry’s change management objectives, the Registrar has organized a series of virtual meetings to ensure all accredited agents receive adequate training on the new system and processes. The e-filing system will be implemented […]
May 28, 2024|
Navigating rebranding for enterprise success
Founded more than 115 years ago, law firm Adams & Adams has established itself as a trusted brand in the African legal landscape. While the firm is proud of its heritage, it remains committed to evolving as an enterprise, recognising the need to be forward-thinking and cultivating a brand that continues to resonate with its […]
May 27, 2024
Constitutional Court declares that former President Jacob Zuma is not qualified to stand for election, to the National Assembly
On Monday, 20 May 2024, the Constitutional Court held that former President Jacob Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47(1)(e) of the Constitution. Accordingly, it declared that Mr Zuma is not qualified to stand for election to the National Assembly until five years […]
May 21, 2024|
Kenya places spotlight on the protection of intellectual property rights
The second Kakamega International Conference was hosted in Kenya from 19 to 22 March 2024. The aim of the conference is to stimulate and accelerate economic growth in Kenya through sustainable investments. Mr John Onyango, the managing director of the Kenya Industrial Property Institute (“KIPI”) was one of the speakers at this conference. Mr Onyango […]
May 13, 2024|
Empowering Entrepreneurs with just a few clicks: The launch of USRB’s online business registration in Uganda
What previously took between 10 to 15 business working days to register a company in Uganda, has now been reduced to 3 hours. The launch of the Online Business Registration System (OBRS) by the Ministry of Information Communication Technology and National Guidance and the Uganda Registration Services Bureau is a significant step toward streamlining and […]
May 13, 2024|
Recent developments on geographical indications in OAPI
In April 2024, OAPI and its partners recently held a symposium in Douala, Cameroon, under the theme “Geographical Indications in Africa: current situation and development prospects”. This meeting brought together various stakeholders from the global GI promotion ecosystem, having a particular focus on Africa. A Geographical Indication (GI) is a sign identifying goods as originating […]
May 13, 2024|
World Book and Copyright Day celebrated in Nigeria
23 April heralds the celebration of World Book and Copyright Day around the world, a day dedicated to celebrating books and their authors and creating awareness around the copyright that vests in such works. This year’s theme “Read your way” was aimed at highlighting the empowerment that comes with reading, from the perspective of both […]
May 13, 2024|
Management changes at the Nigerian Patents and Designs Registry
Mrs Stella Ezenduka, Chief Registrar of the Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment in Nigeria, has retired from her position. During her time as the Chief Registrar, she was actively involved in overseeing the protection and administration of patent and design rights in Nigeria. Following […]
May 13, 2024|
Morocco takes steps to protect its cultural heritage
On 23 April 2024, Morocco’s Culture Minister, Mehdi Bensaid, met in Geneva with the Director-General of WIPO, Darren Tang, with a view to discuss ways in which Morocco can protect its cultural heritage as a form of intellectual property (with a focus on the intricate art of zellige). Moroccan officials allege that Algeria is appropriating […]
May 13, 2024|
Plans to modernise Liberia’s IP operating systems in the works
Ms. Gamai Koboi, the Director General of Liberia’s Intellectual Property Office (LIPO) has plans to address the country’s lack of data on the impact of intellectual property (IP) on the economy. In a recent interview, Ms. Koboi said Liberia has had various development plans and sectorial policies implemented over the last 20 years. However, IP […]
May 13, 2024|
Workshop held on accelerating Ethiopia’s WTO Accession
The Ministry of Trade and Regional Integration recently hosted a workshop in the Ethiopian capital, Addis Ababa. The workshop focused on Ethiopia’s accession to the World Trade Organization (WTO) and the Ethiopian government’s aim of becoming a member of the WTO by December 2026. An expert team of professors from Canada was commissioned by The […]
May 13, 2024|
Adams & Adams visits eSwatini’s Intellectual Property Office
On 18 April 2024, Menzi Maboyi and Amina Suliman travelled to eSwatini to engage with the Registrar of the IP Office, Dr Celucolo Dluldlu. During our visit, we were able meaningfully to engage on a number of aspects relating to capacity and operational constraints. This included digitisation of the register, Madrid applications, processing times and […]
May 13, 2024|
Progress towards the regulation of AI and intellectual property rights in Egypt
During April 2024, The Egyptian Ministry of Justice, in association with the World Intellectual Property Organization (WIPO) and the British University in Egypt, recently held an international conference focusing on the impact of Artificial Intelligence (“AI”) on intellectual property (“IP”) rights. The conference was attended by ministers, judicial authorities, IP stakeholders, universities, researchers and experts […]
May 13, 2024|
Relations between ARIPO and CNIPA strengthen
From 8 – 10 April 2024, Director General Bemanya Twebaze of the African Regional Intellectual Property Organisation (ARIPO) visited China to meet with Commissioner Shen Changyu of the China National Intellectual Property Administration (CNIPA). This visit aimed to strengthen the longstanding partnership between ARIPO and CNIPA, initiated in 2007, when a Memorandum of Understanding was […]
May 13, 2024|
Handy Guide to Buying and Selling Property 2024
Handy Guide to Buying and Selling Property 2024
April 22, 2024|
A Simple Yet Fatal Restraint of Trade Pitfall for Employers
Restraint of trade agreements safeguard businesses by legally preventing employees from joining competitors, thus protecting businesses’ proprietary information and maintaining their competitive advantage. In an urgent application seeking to enforce a restraint of trade agreement, recently before the Labour Court of South Africa, Johannesburg, an insurance brokerage firm made the fatal error of failing to […]
April 19, 2024
The Registry updates their NICE classification system to the 12th edition
In January 2024, the Zambia Trade Mark Registry issued a notice regarding the update of the NICE classification system from the 11th edition to the 12th edition. Although the notice did not specify the implementation year, further inquiry with the Registry confirmed they are now using the 12th edition, version 2024. Source: Christopher, Russell Cook […]
April 12, 2024|
Training workshop on copyright best practices held in Uganda.
On 8 and 9 February 2024, the Uganda Registration Services Bureau (URSB) and the World Intellectual Property Organization (WIPO) organised a two-day training seminar which included a number of participants such as musicians, authors, publishers, producers, comedians, academia, and collective management organizations, to name a few. Mercy Kainobwisho, The Registrar General of the URSB, emphasised […]
April 12, 2024|
The Judiciary integrates Artificial Intelligence (AI) into its processes.
On 28 February 2024, the Chief Justice of Tanzania announced the integration of Artificial Intelligence (AI) into the country’s judicial processes focusing on court transcriptions and interpretations/translations. Developed the Italian company, Almawave, the AI model is trained in various dialects of Swahili. Over the next four years, the system will be implemented in approximately one […]
April 12, 2024|
Trade marks office resumes operations
As of 11 February 2024, the Sudanese Trade Marks Office (“TMO”) has resumed operations after nearly a year of closure due to civil unrest. The TMO is now accepting applications for trade mark registrations, renewals, and recordals online. However, examination, publication and acceptance of supporting documents for these applications are pending until the trade mark […]
April 12, 2024|
The Companies and Intellectual Property Commission (CIPC) experiences a data breach.
The CIPC issued a notice regarding a data breach under section 22 of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) notifying customers of unauthorised access to their systems on 29 February 2024. Personal information of clients and CIPC employees was accessed and exposed. CIPC has advised that it has taken measures to […]
April 12, 2024|
AfriPI manager and Director of OAPI discuss IP protection across Africa.
On 1 March 2024, OAPI’s Director General, Mr Denis Bohoussou, met with the new deputy project manager of the Intellectual Property Rights and Innovation in Africa (AfrIPI), Mr Carlos Satorre, marking the beginning of a collaborative effort between the European Union and Africa to boost intra- African trade and facilitate investments for economic growth and […]
April 12, 2024|
The Trade Marks Office announces updates on renewals
On 25 February 2024, the Libya Trade Mark Office issued Decision No. 335 of 2024 addressing trade mark cancellations, amongst other items. The decision mandates the cancellation of trade marks that have not been renewed within the renewal deadlines outlined in Article 1257 of Commercial Activity Law No. 23 of 2010. Below are the details […]
April 12, 2024|
Ministry issues updates on the prosecution of trade marks
On 14 February 2024, the Ministry of Commerce and Trade released updated requirements for prosecuting trade marks following the Libya Trade Mark Office’s announcement of the new regulations in January 2024, as reported in our previous article here. The updated requirements for prosecuting trade marks include: Annual renewal of a legalised Power of Attorney, Attestation […]
April 12, 2024|
Ministry introduces an electronic advertising system for trade marks
On 1 February 2024, the Ministry of Economy and Trade launched the electronic advertising system for trade marks, marking a significant step in digitalising the registration and advertising processes. Mr Mohamed Al -Hawaji, the Minister of Economy and Trade, oversaw the launch. The Ministry aims to complete the electronic declaration process for trade mark applications […]
April 12, 2024|
Ministry directives tackle illicit alcohol and psychotropic substances
The Ministry of Interior in Kenya issued directives on 6 March 2024, under the Preservation of Public Security Act to combat the production and sale of illicit alcohol and psychotropic substances abuse. These directives impact various stakeholders including manufacturers, distributors, and regulators like the Kenya Bureau of Standards (KEBS), the Kenya Revenue Authority (KRA), The […]
April 12, 2024|
Madrid e-filing now possible in The Gambia
The Gambia has recently signed up for WIPO’s Madrid e-filing service. The first online application for an international trade mark was filed from the Registrar General’s Department just hours after the service was launched. This marks an important milestone as The Gambia it is the first Madrid System Member in the Africa region to use […]
April 12, 2024|
WIPO engages with the President on the importance of IP
The Director General of WIPO and the President of Botswana met in Gaborone to identifying ways in which WIPO can support and assist Botswana in cultivating its innovation ecosystem. President Mokgweetsi Masisi emphasized the importance of intellectual property and innovation for his country’s economic transformation. WIPO Director General Daren Tang highlighted the need for a […]
April 12, 2024|
LEGAL SIGNIFICANCE OF KEEPING A RECORD OF ADVICE FOR FINANCIAL SERVICE PROVIDERS
The Financial Advisory and Intermediaries Services Act (“the Act”) defines a Financial Service Provider (“provider”) as any person who, in the ordinary course of business, provides advice; provides advice and renders any intermediary service; or renders any intermediary service. The definition specifically excludes “representatives.” Providers play a vital role in furnishing advice to potential and […]
April 8, 2024|
Adams & Adams reveals refreshed brand to ‘Realise African Enterprise’
Pretoria, South Africa, 4 April 2024 – Leading African law firm Adams & Adams has announced the launch of its refreshed brand identity. The rebranding reflects the firm’s evolution, embodying its commitment to fostering enterprise in Africa. “At Adams & Adams, we provide unparalleled legal services in intellectual property; as well as in corporate and […]
April 4, 2024|
The Legal Industry Review, South Africa Edition – Volume 5.
The Legal Industry Reviews South Africa Vol.5
March 22, 2024
Two-day Training Workshop on Copyright Management Best Practices
The Uganda Registration Services Bureau (URSB), in collaboration with the World Intellectual Property Organization (WIPO), convened a comprehensive two-day training seminar on ‘collective management operations and licensing practices’ on 8 and 9 February 2024. This hybrid event brought together a diverse array of participants including musicians, authors, publishers, producers, comedians, academia, and collective management organizations. […]
March 12, 2024|
Increase in publication fees
Following a stakeholder engagement meeting with the USRB and the Ugandan Government Printer (responsible for publishing trade mark applications under the new Trade Mark Regulations), the trade mark publication fees have been increased from USD80 to USD100 with immediate effect. This fee, however, may vary according to the length of the specification of goods/services. Typesetting […]
March 12, 2024|
Temporary Trade Marks Office Now Accepting New Applications
After almost a year of disruption due to civil unrest, the Sudan Trade marks Office resumed operations on 11 February 2024. The office has also temporarily relocated to the coastal town of Port Sudan (previously located in Khartoum). The Trade Marks Office has started receiving applications for trade mark registrations, renewals, and recordals. All procedures […]
March 12, 2024|
Enhancing Integration of Intellectual Property Rights and Broadening Pharmaceutical Research
On Friday, February 2, 2024, Mr. Denis BOHOUSSOU, Director General of OAPI, welcomed a delegation from the Heads of the “Health and Globalization, Standards, Policies, Market” Chair at the University of Yaoundé II. As part of OAPI’s initiatives to foster an IP-driven economy and focus on research, innovation, and development, collaboration between relevant institutions is […]
March 12, 2024|
Government Initiates Measures to Enhance Economy via Foreign Direct Investment
Ambassador Nura Abba Rimi, the Permanent Secretary of the Ministry of Industry, Trade, and Investment, has emphasized the government’s commitment to enhancing the Nigerian economy through the ‘Renewed Hope Agenda.’ This agenda aims to foster economic growth, attract foreign direct investment, and promote the production of goods and services for both local consumption and export. […]
March 12, 2024|
Booksellers, Printers and Publishers to Undergo Profiling by NCC
The Nigerian Copyright Commission (NCC) has reaffirmed its commitment to combatting book piracy through proper record keeping and profiling of booksellers, printers, and publishers. Dr. John Asein, the Director-General of NCC, highlighted the fact that the new Copyright Act empowers the commission to attach the illegal proceeds of individuals involved in book piracy. He stressed […]
March 12, 2024|
Further updates to trade mark prosecution requirements
On 14 February 2024, the Libyan Office of the Ministry of Economy issued guidance number 694,3.2.5 updating the requirements relating to the filing of trade mark applications in this territory. This comes subsequent to the Ministry issuing Resolution No 26 of 2024 (Changes at the Libyan Trade Marks Office and the new Executive Regulations no. […]
March 12, 2024|
Introduction of the Ministry of Economy and Trade’s Supervised Electronic Advertising System for Trade Marks
Thursday, 1 February 2024, saw the Ministry of Economy and Trade introducing its electronic advertising system for trade marks. Senior officials from the Ministry, the technical team overseeing the system’s implementation, and numerous owners of intellectual property companies attended the event. The event commenced with the advertisements of over 6,000 local and foreign trade mark […]
March 12, 2024|
Cancellation Of Trade Marks Which Have Not Been Renewed
In accordance with Article 11 of the Executive Regulations for Trademarks, the Libyan Trade Marks Office has released official decision No. (335) of 2024 regarding trade mark cancellations. In terms of this decision, any published trade mark application featured in the Official Gazette, which has not been renewed as prescribed by Article (1257) of Commercial […]
March 12, 2024|
Steps to Facilitate Smooth Trading within AfCFTA
Steps to accelerate and advance seamless trade among the economies within the African Continental Free Trade Area (AfCFTA) are poised to be implemented soon. These initiatives include the establishment of investment protocols to safeguard both foreign and domestic investors, protection of intellectual property rights, protocols promoting the involvement of women and youth in trade, as […]
March 12, 2024|
Adams & Adams strengthens patent team with new appointments.
Adams & Adams is very pleased to announce two new appointments to their patent team, which will further enhance the firm’s highly regarded patent, design and Plant Breeder’s Rights(PBR) legal services. Dr Joanne van Harmelen will take on the position as a new partner, bringing her expertise as patent attorney in life sciences, chemical inventions […]
March 1, 2024|
TECHNICAL ISSUES AFFECTING THE ONLINE PATENT FILING SYSTEM RESOLVED
The online platform at the Egyptian Patent Office which malfunctioned and had been offline since Saturday, 3 February 2024, has been restored. The Patent Office has issued an official communication advising users that as of 11 February 2024, the online platform is fully operational again and that all deadlines for submitting applications, documents, and responses […]
February 9, 2024|
Zambia passes new Trade Marks Act (Act No. 11 of 2023)
A new Trade Marks Act has been passed in Zambia! This signals a significant modernization effort, introducing provisions for “non-traditional” marks, multiclass applications, and alignment with international frameworks such as the Madrid Protocol. Zambia passes new Trade Marks Act (Act No. 11 of 2023) As the Zambian economy continues to grow, the country has supplanted […]
February 8, 2024|
Key amendments proposed to Copyright and Neighbouring Rights Act, 2006 in Uganda
On 13 December 2023, a pivotal stakeholder validation meeting at the Uganda Registration Services Bureau discussed the outcomes of consultations, principles, and the draft Bill aimed at amending the Copyright and Neighbouring Rights Act, 2006. Recognizing the evolving landscape of technology and emerging practices, the proposed amendments seek to address several crucial aspects not addressed […]
February 8, 2024|
Qualcomm and Adams and Adams Launch Free Online IP Training for African Innovators
Qualcomm Incorporated in collaboration with Adams and Adams has launched the L2Pro Africa IP e-learning Platform, a free online training tool. Qualcomm and Adams and Adams Launch Free Online IP Training for African Innovators Qualcomm Incorporated has launched the L2Pro Africa IP e-learning Platform, a free online training program developed in collaboration with Adams and […]
February 8, 2024|
OAPI and AfrIPI strategize content exploitation during workshop in Cameroon
Cameroon recently hosted a regional workshop for the advancement of cultural content exploitation strategies in OAPI member states. OAPI and AfrIPI strategize content exploitation during workshop in Cameroon A three-day workshop held in Douala, Cameroon, from 18-20 December 2023, facilitated by OAPI and the Intellectual Property Rights for Africa (AfrIPI) project, focused on harmonizing strategies […]
February 8, 2024|
Insights from the 63rd OAPI Administrative Council Session in Burkina Faso
The 63rd OAPI Administrative Council Session was recently held in Burkina Faso, where 17 ministers from member states gathered to review OAPI’s performance, financial matters, and plans for fostering innovation and intellectual property. Insights from the 63rd OAPI Administrative Council Session in Burkina Faso The 63rd session of the OAPI Administrative Council was held on […]
February 8, 2024|
IPLAN debate sheds light on Nigeria’s potential adoption of the Madrid system
IPLAN’s recent debate explores Nigeria’s potential adoption of the Madrid trade mark registration system. IPLAN debate sheds light on Nigeria’s potential adoption of the Madrid system On 14 December 2023, the Intellectual Property Law Association of Nigeria (IPLAN) organized a debate entitled “The Madrid International Trademark Registration System: Nigeria to Join or Not”. This debate […]
February 8, 2024|
Unexpected changes to Mozambique’s official fees
The recent unexpected publication of new official fees in Mozambique, effective from 26 February 2024, has taken local associates by surprise, with substantial increases. Unexpected changes to Mozambique’s official fees New official fees in Mozambique are unexpectedly set to come into effect on 26 February 2024. The announcement of these changes was made through an […]
February 8, 2024|
Changes at the Libyan Trade Marks Office and the new Executive Regulations no. 26 for 2024
Libya’s latest trade mark regulations herald key changes for protecting and registering trade marks locally. Changes at the Libyan Trade Marks Office and the new Executive Regulations no. 26 for 2024 On 17 January 2024, the Libyan Ministry of Economy issued Resolution No. 26 of 2024 presenting new regulations for Chapter Ten of Law No. […]
February 8, 2024|
Unlawful competition finding: Nutrifoods Ghana Ltd. v Twellium Industries Ltd
The recent judgement in the case Nutrifoods Ghana Ltd. v Twellium Industries Ltd highlights the significance of pleading sufficient evidence in establishing claims of unlawful competition in Ghana Unlawful competition finding: Nutrifoods Ghana Ltd. v Twellium Industries Ltd On 18 December 2023 the Ghana High Court delivered judgement in respect of the unlawful competition case […]
February 8, 2024|
EUIPO’s TMClass welcomes The Gambia
The Gambia Industrial Property Office (GIPO) has joined the European Union Intellectual Property Office (EUIPO) TMClass harmonized database of goods and services (HBD) as the 96th participating IP office. EUIPO’s TMClass welcomes The Gambia As from 18 December 2023, GIPO will officially use and recognize terminology from the HDB in TMclass. GIPO’s decision to use […]
February 8, 2024|
Copyright training session hosted by The Gambia Copyright Office
On 5 December 2023, the Copyright Office which is part of the National Centre of Arts and Culture conducted a training session in The Gambia’s North Bank Region on issues affecting copyright and related rights promotion and protection. This was in accordance with its mandate in terms of sections 56 and 57 of the 2004 […]
February 8, 2024|
Adams & Adams collaborate with Cape Verde Registry
Adams & Adams recently engaged with the Cape Verde Registry to discuss its collaboration with WIPO, proposed fee adjustments, and a new Industrial Property Code to address and overcome ongoing challenges relating to capacity and delays. Adams & Adams collaborate with Cape Verde Registry On 12 December 2023 Elio Teixeira, partner at Adams & Adams, […]
February 8, 2024|
Angola Registry adopts zero tolerance for delayed filing powers of attorney
The Angola Registry has modified its stance on deadline extensions for filing powers of attorney in trade mark opposition cases, refusing any late filings and deeming it irrelevant to discuss the merits of its decision. The Registry’s internal rules provide that extensions can only be requested once, for 30 or 60 days, as stated in […]
February 8, 2024|
New Managing Director at the Kenya Industrial Property Institute (KIPI) Appointed
With effect from 26 January 2024, Mr John Onyango, was appointed as the new Managing Director of KIPI for a 3 year term. This permanent appointment follows a long stint as the Acting Managing Director from 1 December 2019 – 31 May 2023. From 1 June 2023 – 25 January 2024, Ms Norah Ratemo was […]
February 7, 2024|
The New Landscape of Trade Mark Laws In Zambia
Last year, Zambia passed the Trade Marks Bill 2023 in an effort to revise its archaic trade mark legislation prescribed by the Trade Marks Act (Chapter 401) 1958 (“the Old Act”). The Old Act has been in force for more than six decades. The Old Act did not provide for the registration of service marks […]
January 19, 2024
North African countries collaborate to strengthen anti-counterfeiting measures in an environmentally sustainable manner
Countries in Northern Africa, including Tunisia, Algeria, Morocco and Egypt have been increasing their focus on anti-counterfeiting and protection and enforcement of intellectual property rights. A seminar, following on from previous events hosted by AfrIPI, was held in September 2023 in partnership with other international organizations to focus on enforcement of intellectual property rights and […]
December 14, 2023|
Netflix, Amazon Prime and others invest in Nigeria
Nigeria has the potential to become one of the largest export markets for the US creative sector. Ramin Toloui, assistant secretary for economic and business affairs, United States department of state, says the US government is willing to invest in Nigeria’s creative economy. The U.S. mission in Nigeria has been supporting the Africa International Film […]
December 14, 2023|
WIPO Director General Visits Namibia and Pledges Support in Developing an Innovation Ecosystem
Over the years, WIPO has been assisting African countries in developing IP policies and innovation ecosystems. Namibia is one of the countries collaborating with WIPO. This collaboration resulted in WIPO’s Director General, Daren Tang visiting Namibia to pledged WIPO’s continued support for strengthening Namibia’s innovation ecosystem. The two- day visit enabled the Director General to […]
December 14, 2023|
WIPO Director General launch a joint master’s degree program on IP and innovation in Morocco
WIPO has extended its collaboration with Morocco to include a joint master’s degree program on IP and Innovation. The agreement regarding establishment of the joint master’s program was signed during a visit by WIPO’S Director General Daren Tang to Morocco in October 2023. The master’s program hosted by Mohammed VI Polytechnic University (UM6P) and the […]
December 14, 2023|
Recent successes in appeals for delays in meeting formalities deadlines for patent matters in Egypt
Egypt is one of several countries that still require applicants to obtain legalisation of certain documents when filing patent, design or trademark applications in that country. Failure to file the legalised documents within the deadlines provided often lead to lapsing of the right in question. Applicants are afforded the opportunity to file an appeal against […]
December 14, 2023|
47th Session of the Administrative Council and 19th Session of the Council of Ministers of the African Regional Intellectual Property Organization (ARIPO) held in Gaborone, Botswana
The 47th Session of the Administrative Council of ARIPO was held in Gaborone, Botswana from 20 – 23 November 2023. Adams & Adams Partners, Nicky Garnett and Jameel Hamid, together with the Africa Practice Manager, Menzi Maboyi attended the session. Adams & Adams works closely with ARIPO and we continue to support ARIPO in its […]
December 14, 2023|
Adams & Adams visits Zambia
On 10 November 2023, Adams & Adams Partner and Chairperson of the Africa Strategy Committee, Mr Simon Brown and the Africa Practice Manager, Mr Menzi Maboyi, travelled to Lusaka, Zambia to meet with the newly appointed Registrar and Chief Executive Officer of the Patents and Companies Registration Agency (PACRA) and his team. Our team was […]
December 14, 2023|
OAPI workshop: Geographical Indicators
OAPI in collaboration with the Intellectual Property Rights and Innovation in Africa (AfrIPI) project and the Project to Support the Implementation of Geographical Indications (GI) in OAPI Member States (PAMPIG2) recently hosted a regional workshop in the Cameroonian capital, Yaoundé. The three-day event focused on the “Management of Geographical Indications in the OAPI area: Current […]
December 14, 2023|
The Power of the Embargo – A reaffirmation by the SCA of the Body Corporate’s right to impede transfer of a sectional title unit
In the recent decision of the Supreme Court of Appeal in the matter between The Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZA SCA 143, the court underscored the inherent right of a body corporate to block the transfer of a property by withholding a levy clearance certificate because of outstanding […]
November 28, 2023
Adams & Adams Your Trusted Partner in North Africa
As Africa’s largest intellectual property law firm, Adams & Adams (A&A) has continued to establish Associate Offices in strategic jurisdictions within the continent. With 23 Associate Office across Africa currently, the establishment of an office in Egypt in 2015, remains a significant milestone in the evolution of the firm. Our office in Egypt has provided […]
November 10, 2023|
NIGERIA – Trade mark proprietors forced to turn to Federal High Court to object to company names, as Administrative Proceedings Committee is declared unconstitutional
In the recent case of Ekpenyong v The National Assembly & 2 Others, the Federal High Court of Nigeria declared the existence of the Administrative Proceedings Committee (APC) unconstitutional. The APC was established in 2020 as an administrative tribunal intended to resolve disputes arising from the operation of the Companies and Allied Matters Act or its […]
October 25, 2023|
Adams & Adams scoops IP Team of the Year at African Legal Awards 2023
Adams & Adams has been named Intellectual Property (IP) Team of the Year at the 2023 African Legal Awards. The achievement recognises the firm’s market-leading position in this field across the continent. The annual African Legal Awards, now in its 10th year, celebrates law firms, legal teams, and individuals who have made significant contributions to […]
September 7, 2023|
How do we build a diverse and inclusive legal profession more effectively?
Bilkis Daby, partner at Adams & Adams and chairperson of the law firm’s Diversity and Inclusion Committee Research continues to show that diverse companies perform better, attract and retain talent, and are more resilient. Diversity, equity, and inclusion (DEI) allow for broader viewpoints and different perspectives to be brought to the table when integrating and […]
September 7, 2023
Adams & Adams Mozambique Celebrates 15th Year Anniversary
On 7 July 2023, Adams & Adams’ flagship office in Mozambique celebrated its 15-year anniversary as a member of the Adams & Adams Africa Network (AAAN). The network currently stands at 23 Associate Offices across Africa and includes offices in the headquarter countries of the OAPI and ARIPO regional organisations, Cameroon, and Zimbabwe respectively. The […]
July 11, 2023|
Adams & Adams Named Africa Firm of the Year at Prestigious Managing Intellectual Property Awards
Adams & Adams, the leading intellectual property (IP) law firm in Africa, has been honoured with the coveted Africa Firm of the Year award at the annual Managing Intellectual Property (MIP) Awards for Europe, the Middle East, and Africa (EMEA). In addition, the firm has emerged as the winner of the South Africa Patent Firm […]
June 22, 2023|
The Mozambique Industrial Property Institute (IPI) appoints Ms. Sheila Canda as the new Director General
The Mozambique Industrial Property Institute (IPI) recently appointed Ms Sheila Canda as the new Director General. Ms Canda replaces the recently retired Mr. Meque who held the position of Director General since 2013. Ms Canda, who has a masters degree in Intellectual Property, is the first woman to be appointed to the role of Director […]
May 31, 2023|
One work to rule them all?
Battle lines have recently been drawn, after fan fiction writer, Demetrious Polychron, filed a 250-million-dollar lawsuit against the Tolkien Estate and Amazon on the basis of copyright infringement. Mr Polychron claims that his novel, The Fellowship of the King, which draws inspiration from the works of J.R.R. Tolkien, is a wholly original book and concept […]
May 17, 2023
Grave Risks for Lawyers Relying on ChatGPT!
Development, growth, and advancement of artificial intelligence (AI) is progressing at a rapid speed. ChatGPT is one such chatbot that has taken the internet space by storm. There have been robust debates around the potential effects of ChatGPT across various tertiary institutions, different professional bodies, and various other institutions. There are also serious concerns about […]
May 5, 2023
100 Years of Women in Legal Practice
The 10th of April 2023 marked 100 years since the Woman Legal Practitioners Act 7 of 1923 was promulgated. The Act contained a single section, which read: “Women shall be entitled to be admitted to practice and to be enrolled as advocates, attorneys, notaries public or conveyancers in any province of the Union, subject to […]
May 3, 2023
World Intellectual Property Day – Supporting inclusive innovation in Africa
On 26 April 2023, Adams & Adams joins the global intellectual property (IP) community in celebrating World IP Day. This special day, designated by the World Intellectual Property Organisation (WIPO), aims to increase awareness and understanding of the role IP plays in driving innovation and creativity, and consequently economic growth. This year’s theme is Women […]
April 26, 2023|
RISKS FOR FINANCIAL SERVICE PROVIDERS OFFERING PROFESSIONAL ADVICE BEYOND THEIR EXPERTISE
It is not uncommon for people, investors and businesses to suffer financial losses as a result of sub-standard professional advice offered by Financial Service Providers (“FSP”), as defined in the Financial Services Advisory and Intermediary Act (“FAIS Act”). In some instances, a financial advisor is not duly qualified and/or adequately experienced. Sometimes, it has nothing […]
April 19, 2023
The Cybersecurity Challenge: How Businesses Can Safeguard Themselves Against the Evolving Threats of Cybercrime.
Businesses across the spectrum are increasingly making use of the services of technology to manage their operations more efficiently. Unfortunately, this has led to a significant rise in cybercrime which is regarded by many as the fastest growing criminal activity around the world. Types of cyber threats The cyber threats faced by businesses are continuously […]
April 11, 2023
ANOTHER VICTORY FOR THE INSUREDS IN A COVID-19 BUSINESS INTERRUPTION CASE
Many would have thought that all Covid-19 business interruption cases are long finalised. This is not the case. The judgment of late February 2023 in 43 Air School Holdings (Pty) (Ltd) & Others v AIG South Africa Ltd is one of many Covid-19 business interruption cases that are still ongoing. It is not unreasonable to […]
March 28, 2023
Change in Assignment Requirements in South Africa
Recently, the Registrar of the South African Patent Office published a practice note updating the formality requirements for assignments in patent applications. Previously, where an International PCT application claims priority from an earlier filed application in a Convention country, assignments were not required for filing in the South African PCT national phase application if the […]
January 31, 2023|
FESTIVITIES AND FUN – KNOW YOUR CLAIMS FROM YOUR DISCLAIMERS – BE ON THE LOOKOUT FOR DISCLAIMERS WHEN ENTERING PARKS, MALLS, RESORTS AND SIMILAR ENTERTAINMENT ESTABLISHMENTS
The holidays are upon us, and hopefully it will involve some leisure time at a resort, amusement park or similar establishment for at least some of us, in order to conclude what has most probably been a busy year for everyone. One must unfortunately consider that this also involves partaking in activities that potentially pose […]
December 14, 2022
LEGAL LIABILITY INSURANCE: AN OVERVIEW
In South Africa, legal liability insurance plays a pivotal economic role in the allocation of risk and maintenance of financial security and financial stability of its citizens. Legal Liability or Third Party insurance focuses on the negative elements in the form of liabilities which the insured may be exposed to, whereas first party insurance, in […]
December 13, 2022|
OIPMI – 18 MONTHS ON
The Competition Commission (“Commission”) launched its market inquiry into online intermediation platforms (“OIPMI / the Inquiry”) on the 19th of May 2021. We previously set out what this may mean for your business as well as a brief analysis of the Commission’s further statement of issues – in this article we consider what has happened […]
December 13, 2022|
Adams and Adams achieves outstanding recognition by Best Lawyers®
Adams & Adams is proud to announce it has once again been honoured with the Best Lawyers® “Law Firm of the Year” award for expertise in Intellectual Property Law in South Africa. In addition to this achievement, 27 of the firm’s partners are named in The Best Lawyers in South Africa® 2023 edition, with 11 […]
November 17, 2022|
The Legal Industry Review South Africa Edition
Read the Adams & Adams contribution to the “Advertising Law” chapter in the most recent Legal Industry review here
November 1, 2022|
Notice of unauthorised download incident
On 3rd October an employee, who had just been dismissed by the firm, downloaded several folders from drives located on the firm’s server to a private OneDrive account. She did so ostensibly to retrieve her personal documents. In doing so, she also downloaded certain files containing firm and client information. The data loss was subsequently […]
October 26, 2022|
Adams & Adams professionals celebrated in WIPR’s Diversity 2022 global list
4th October 2022 – For a second year in a row, Adams & Adams professionals have been recognised in all three categories of World Intellectual Property Review (WIPR) Diversity. The list, published annually, showcases IP professionals around the globe, who are making a mark in driving diversity and inclusion (D&I) in the field. Firm attorney Alissa Naran (Nee Nayanah) […]
October 4, 2022|
KENYA – Court finds businesswoman guilty of importing counterfeit goods
On 17 June 2022, a Nairobi City Court found businesswoman Ms. Rose Nyambura guilty for importing counterfeit circuit breakers into the country. Hon. G. Onsaringo ordered the defendant to pay a fine of Khs 3 million (USD 25445) or in default to serve 4 years in prison, stating that the crime posed a great danger […]
July 13, 2022|
KENYA – Appointment at Kenya Anti-Counterfeit Authority
The Kenya Anti-Counterfeit Authority has announced the appointment on 2 June 2022 of Mr. Yussuf Osman Ahmed as the new Director of the Enforcement Directorate. Mr. Osman started his position as an Investigating Officer and Prosecutor with the Weights and Measures Department under the Ministry of Trade and Industry from 2000. He joined the Anti-Counterfeit Authority in 2010 as an […]
July 13, 2022|
Partial Patent Waiver for COVID-19 vaccines
Participating countries attending the 12th Ministerial Conference of the World Trade Organization (WTO) in Geneva, Switzerland reached an agreement on 17 June 2022 to partially waive intellectual property restrictions on the manufacture and production of COVID-19 vaccines for the next five years. The partial waiver provides that developing nations may authorise the use of the […]
July 13, 2022|
Kenya: Mandatory recordal of IP rights for imported goods
Kenya has taken recent measures regarding anti-counterfeiting to be implemented by the Anti-Counterfeiting Authority (ACA). The ACA issued two public notices (No.1/2022 and No.2/2022) on 26 April 2022 requiring that all intellectual property rights for goods imported into Kenya must be recorded with the ACA starting from 1 July 2022, with an extended deadline of […]
July 13, 2022|
African Development Bank to establish African Pharmaceutical Technology Foundation
The African Development Bank has approved the establishment of the African Pharmaceutical Technology Foundation, which aims to promote Africa’s access to technologies for the manufacture of medicines, vaccines and other pharmaceutical products. The African Pharmaceutical Technology Foundation will be hosted by Rwanda and will include experts on pharmaceutical innovation and development, intellectual property rights and […]
July 13, 2022|
Adams & Adams achieves top B-BBEE rating
1 June 2022 – Leading African law firm Adams & Adams has been awarded a Broad-Based Black Economic Empowerment (B-BBEE) Level 1 rating, the highest rating possible in South Africa. This achievement reaffirms the firm’s commitment to the country’s transformation agenda. “Obtaining a top B-BBEE rating is a significant milestone in our firm’s history. This […]
May 30, 2022|
Africa Day 2020
Standing with the world in solidarity and supporting Africa in unity, through this challenging period in our history. May is recognised as Africa month, in commemoration of the founding of the Organisation of African Unity (now known as the African Union) 57 years ago, when African countries pioneered the focus on continental unity. Annually crowned as […]
December 3, 2021|
Adams & Adams bags IP Lawyer of the Year in Best Lawyers® 2022
Author: Jac Marais Adams & Adams has once again achieved outstanding recognition in the Best Lawyers® list for 2022. The oldest and most respected peer review publication in the legal profession globally, Best Lawyers® acknowledges exceptional firms and lawyers. For 2022, 17 Adams & Adams lawyers have been recognised across 6 categories including entries into […]
November 11, 2021|
Adams & Adams welcomes first female chairperson and further members of the management committee
As we commemorated International Women’s Day on 8 March celebrating the social, economic and cultural achievements of women, Adams & Adams is pleased to announce that Kelly Thompson has been named as the first female chairperson of the firm in its 113-year history. Thompson, an experienced trade mark litigation attorney, is one of 28 women […]
March 9, 2021|
Adams & Adams named South African IP Law Firm of the Year – Best Lawyers®
Best Lawyers®, a highly respected legal profession peer review publication recently announced their Best Lawyers® list for 2021 acknowledging outstanding global firms and lawyers. In the latest edition, Adams & Adams scooped the top spot for Law Firm of the Year, Intellectual Property Law in South Africa. In addition, 13 Adams & Adams Partners are […]
November 17, 2020|
Adams & Adams Women Are Breaking Limitations and Exceeding Expectations
The female talent at Adams & Adams have pushed boundaries and broken the mould of what it means to be a woman in the legal profession in South Africa. In 2019/2020, 11 women in the firm received global, and national, recognition for their exceptional work in the field, receiving more than 23 awards and accolades. […]
August 6, 2020|
Adams & Adams crowned IP Law Firm of 2020
Adams & Adams has been crowned South Africa’s Intellectual Property (IP) Law Firm of 2020. Africa’s largest IP law practice received top honours at the prestigious Managing Intellectual Property (MIP) awards ceremony held on 5 March 2020.
March 5, 2020|
CEO SLEEPOUT™ 2016 SUCCESS BY THE NUMBERS
The 2016 CEO SleepOut® took place on the Nelson Mandela Bridge in Johannesburg. Adams & Adams is a proud sponsor and legal partner of the Trust and the event.
November 21, 2016|
RISE TO THE CHALLENGE | CEO SLEEPOUT™ 2016
Adams & Adams COO, Dave Forbes talks to Jacaranda FM about the significance of the firm’s involvement in the second Sun International CEO SleepOut™
July 26, 2016|
GOVERNMENT DECLARES THE CEO SLEEPOUT™ A PROTECTED EVENT
The Sun International CEO SleepOut™ Event is officially a ‘Protected Event’. Following an extensive application and thorough consideration, the Minister of Trade & Industry, Rob Davies, has declared the 2016 CEO SleepOut™ Event a protected event, under S15 of the Merchandise Mark Act 17 of 1941. This elevates the status of The CEO SleepOut™ Event to […]
July 24, 2016|
THE KING IV CODES | INSIGHTS
INTRODUCTION The Institute of Directors in Southern Africa (IoDSA) published the draft King IV Report on Corporate Governance on 15 March 2016 and Sector Supplements on 11 May 2016 for public comment. These new draft codes are the next phase in the series of corporate governance codes produced by the IoDSA to guide and benchmark the […]
July 18, 2016|
KING IV™ DRAFT REPORT RELEASED FOR PUBLIC COMMENT
The Institute of Directors in Southern Africa (IoDSA) and the King Committee has invited public commentary on the draft King IVTM Report on Corporate Governance for South Africa 2016. As a proud partner and sponsor of the King IVTM Report, Adams & Adams will be conducting commentary sessions in May. The King IVTM Report is the fourth edition, setting […]
January 18, 2016|