Africa General

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’ […]

WIPO recently published its 16th edition of the Global Innovative Index (GII). The GII lists the leading economies in global innovation, ranking the innovation performance of 132 economies. The GII ranking highlights both the strengths and weaknesses of each economy. The GII measures innovation based on criteria that include institutions, human capital and research, infrastructure, […]

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 […]

On 14 September 2023, Adams & Adams hosted the 10th annual Africa Network Meeting at its Pretoria offices. This was the first in-person event since the pandemic and saw the attendance of over 70 delegates representing over 20 African countries, including the meeting’s first delegate from Somalia. Other attendees included representatives from the African Regional […]

On 31 August, African Traditional Medicine Day, established by the World Health Organisation African region, honours the integral role of traditional medicine in the health and welfare of generations of people on the continent. The event serves as a platform for member states to discuss best practices, groundbreaking evidence, and innovative solutions that showcase the […]

With effect of 1st August 2023, Mr. Benson Mpalo was appointed as the Registrar and Chief Executive Officer of the Board of the Patents and Companies Registration Agency (“PACRA”) in Zambia. Mr. Mpalo joins PACRA as a legal practitioner and Advocate of the Superior Courts of Zambia with excess of fifteen (15) years of experience […]

The Director General of the World Intellectual Property Organisation (WIPO) recently confirmed the deposit by the Democratic Republic of São Tomé & Principe on 2nd August 2023 of the instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indicators. The instrument was accompanied by various declarations, including: […]

After nine (9) years, Simon Kimani, more commonly known by his fans as Bamboo, a popular rapper now turned preacher, has been awarded Sh 4 500 000 (approximately US$38500) for Copyright infringement by one of Kenya’s leading telecommunications companies. The infringement arose through the use of the telecommunications company of Bamboo’s songs, Mama Africa, Yes […]

New legislation has been proposed to establish a new Industrial Property Office in Ghana.  The Ghana Industrial Property Office Bill, 2023 (“the Bill”) is currently pending before Parliament and has a way to go in the parliamentary process before the Bill can be assented to by the President. In essence, the Bill proposes to establish […]

Following the launch of Egypt’s National Intellectual Property strategy by Prime Minister Moustfa Madbouly in September 2022, Law No. 163 of 2023 was recently ratified by President Abdel Fattah El Sisi and officially published in the Official Gazette on 13th August 2023. Law No. 163 of 2023 provides for the establishment of the Egyptian Organisation […]

In December 2022 and in line with its proposed phased approach, the ACA published a list of HS codes for goods which have been categorized under phase one of the implementation process and now require ACA import permit application starting 1st January 2023. The HS codes published then covered electrical machinery and equipment and parts thereof; sound recorders […]

Nigeria enacts Copyright Act, 2022 to repeal the Copyright Act, 2004 The President of Nigeria, Muhammadu Buhari, signed the Copyright Bill, 2022 into law on 17 March 2023.  This Act, that will presumably be known as the Copyright Act of 2023, repeals the Copyright Act of 2004. A statement issued by the Office of the […]

From 23 to 24 February 2023, WIPO, in collaboration with Uganda Registration Services Bureau and ARIPO, held a national workshop on intellectual property for small and medium enterprises in Uganda, Kampala. The aim of the workshop was to bring awareness to the participants on the role of intellectual property as an effective tool in driving […]

Wilmer Resources Pte Limited (“the Applicant”), a company incorporated under the laws of Singapore, applied to register the trade mark TIFFANY in Tanzania in classes 3 and 5. The trade mark applications were opposed by Tiffany & Co. (“the Opponent”), the luxury jewelry and specialty design house. For purposes of efficiency, the two separate oppositions […]

From 20 February to 30 March 2023, Lesotho will be hosting a team of experts from the World Intellectual Property Organisation (WIPO).  The visit is said to be for the purposes of providing technical assistance and support in the formulation of the country’s National Intellectual Property Policy/Strategy and strengthening the legislative framework for the protection […]

From 22 February 2023, the official fees for patent examination increased from EGP 17,000 to EGP 25,000 in Egypt. A decree in this regard was published in the Official Gazette number 43 dated 21 February 2023 by the Patent Office.  The fees increase follows a decision by the country’s ministry of Higher Education and Scientific […]

According to the published minutes of the meeting of the Council of Ministers that was held on 15 February 2023, the Minister of Industrial Development and Promotion of the Private Sector, submitted a draft decree approving the statutes of the Congolese Industrial Property Office (IPO) to the council for consideration.  It is recorded that the […]

On 23 to 24 February 2023, ARIPO (Africa Regional Intellectual Property Organisation) together with WIPO (World Intellectual Property Organisation), held a regional meeting on developing the Regional Technology and Innovation Support Centres (TISCs) Network, in Harare, Zimbabwe. According to WIPO, the TISCs concept was designed by WIPO based on its Developments Agenda.  The main objective […]

New proposed Regulations for the Labelling and Advertising of Foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 have been published for commentary. Comments may be submitted by 30 April 2023. The draft regulations are considerably more extensive and specific than the current regulations, as amended in 2012, and cover a broad range of issues […]

In line with developments in the market, new Advertising Regulations for Crypto Ads have been implemented. Notice of the prohibition of use of the CAPE FLORA logo mark, in terms of the Merchandise Marks Act, has been published for comment by 5 March 2023 and proposed changes to the Regulations for the Labelling and Advertising […]

Notice has been published in terms of Section 15(1) of the Merchandise Marks Act of 1941 proposing the prohibition of use of the CAPE FLORA logo, depicted below, or similar drawings, which might cause confusion with any trade, business, profession or occupation or event, in connection with any trade mark, mark or trade description applied […]

A compulsory availability search is now conducted by the Sierra Leone Registry upon filing an application for a trade mark. Compulsory availability search There have been changes in the administrative processes at the Sierra Leone Registry, one of which is that, upon submission of an application for a trade mark, a compulsory availability search is […]

Following the instatement of the new Deputy Director General of OAPI, he and the Director General went on a diplomatic tour to the embassies and consulates of the OAPI member states. Instatement and Diplomatic Tour of the Deputy Director General On 11 January 2023, the recently appointed Deputy Director General of OAPI, Mr. Oualou Panouala, […]

An evaluation mission of the French Development Agency (AFD) was recently in Cameroon to attend to field trips and various meetings with, inter alia, cocoa producers, as part of the second phase of the Support Project for the Implementation of Geographical Indicators (PAMPIG II). The second phase of PAMPIG II will, when completed, see the […]

A letter dated 12 January 2023 and issued by President Muhammadu Buhari has confirmed the renewal of Dr. John Asein’s tenure as Director General of the Nigerian Copyright Commission. Dr. Asein’s tenure was renewed for a second and final tenure of four (4) years. The Society of Young Nigerian Writers (SYNW) congratulated Dr. John Asein […]

Inaugural meeting of the drafting committee for Trade Mark Practice Directions. Renewal of tenure of the DG of the Nigerian Copyright Commission. Drafting committee for Trade Mark Practice Directions The Nigerian Trade Marks Registry has constituted a five-person drafting committee, in collaboration with various stakeholders, to work towards preparing a long-awaited, draft practice directive for […]

Mauritius has acceded to the Madrid Protocol and Hague Act on 6 February 2023. Both the Madrid System and the Hague System will be effective in Mauritius from 6 May 2023. Mauritius accedes to Madrid Protocol and Hague Act On 6 February 2023, Mauritius deposited its instrument of accession to the Madrid Protocol, as well […]

The rate of value-added tax in Ghana has increased to 15% effective 29 December 2022. VAT increase On 29 December 2022, the Value Added Tax (Amendment) (No. 2) Act, 2022 (“the VAT Amendment Act”) was assented to by the President of Ghana. In terms of Section 3(1) of the VAT Amendment Act, the rate of […]

Use of the ARIPO (African Regional Intellectual Property Organisation) system is on the rise and there have positive developments within the organisation, according to the 2022 statistics and highlights which it announced recently. 2022 ARIPO Highlights The African Regional Intellectual Property Organization (ARIPO) has announced that it is on a positive trajectory and posted some […]

On 15 December 2022, the African Intellectual Property Organization (OAPI) acceded to The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications taking the total number of countries covered by the Lisbon system to 70. Furthermore, all 17 member states of OAPI are covered by the system: Benin, Burkina Faso, Cameroon, […]

The Coalition Against Counterfeit Pharmaceutical products (CACCP), Nigerian Representatives of Overseas Pharmaceutical Manufacturers (NiroPharm) and Pfizer are looking to work together with relevant stakeholders in the pharmaceutical industry in the fight against counterfeit pharmaceutical products in Nigeria. The initiative was presented at its inaugural forum where the way forward in the fight against pharmaceutical products […]

On 21 December 2022, the Director General of the World Intellectual Property Organization (WIPO) gave notice of the deposit by the Government of the Republic of Mauritius of its instrument of accession to the Patent Cooperation Treaty (PCT) on December 15, 2022. By doing so, Mauritius has become the 157th Contracting State of the PCT. […]

In earlier announcement, the Kenyan Anti-Counterfeiting Authority (ACA) announced that, as of 1 January 2023, it would be an offence to import goods bearing IP into Kenya where the trademark owner has not recorded the IP rights with the ACA. In December 2022 and in line with its proposed phased approach, the ACA published a […]

On 13 December 2022, the Director General of the Ivorian Intellectual Property Office (OIPI), Assandé Koffi Paul, announced that the Ivory Coast was in the top 3 in terms of the number of IP filings at OAPI.  The announcement was made in Abidjan-Plateau, during the weekly press conference “Tout Savoir sur” of the Center for […]

In December 2022, the Gambia Intellectual Property Office (IPO) held a sensitisation workshop in collaboration with the African Regional Intellectual Property Organisation (ARIPO). The workshop focused on the ARIPO e-service platforms and the importance of Gambian IP agents registering with ARIPO. The Registry believes that registering with ARIPO will bring more exposure to local agents […]

Amendments to the Harare Protocol on Patents and Industrial Designs and the Banjul Protocol on Marks, and their Implementing Regulations, came into force on 1 January 2023.  This follows the Resolutions of the ARIPO Administrative Council at its 46th Session that was held in Maputo, Mozambique, from 21 to 25 November 2022. A notable amendment […]

The National Service of Intellectual Property and Quality of São Tomé and Príncipe has taken a decision to accept and use the list of terms from the harmonised database of goods and services (HDB) in TMclass as of 12 December 2022.  TMclass helps search for and classify goods and services needed to apply for trademark […]

The Kenyan Anti-Counterfeit Authority (“ACA”) has issued a Public Notice which stipulates that the final deadline for trade mark owners to record their rights with the authority remains 1 January 2023. No further extensions will be granted. As of that date it would be an offence to import goods bearing IP that has not been […]

On 10 November 2022, a virtual workshop hosted by the Business and Intellectual Property Authority (BIPA) together with the World Intellectual Property Organization (WIPO) was held with a specific focus on the inclusion of copyright levies in the Draft Copyright Bill in Namibia. The overhaul of Namibian copyright legislation is in response to the worldwide […]

An administrative directive has recently been issued by the Office of the Ministry of Economy & Trading in Libya, which states that the Libya Trademark Office will no longer be accepting trade mark applications filed by foreign applicants with effect from 1 November 2022. In the context of reorganizing the workflow of the Trademark Office, […]

The Council for Scientific and Industrial Research (CSIR) has launched an Intellectual Property (IP) policy to safeguard and promote the development and distribution of new technologies and services in Ghana. The World Intellectual Property Organization (WIPO) and the Ghana Intellectual Property Organization (GHIPO) collaborated on the policy document, which went through several stages of development. […]

Egyptian Cabinet have approved a bill to establish the Egyptian Intellectual Property Authority, the first entity of its kind in the country. The Authority will be responsible for regulating and protecting intellectual property rights in the country in accordance with Egypt’s international commitments, while balancing these rights with its social, economic and cultural needs. The […]

On 15th November 2022 His Excellency President Mokgweetsi Masisi formally launched Botswana’s first ever National Intellectual Property Policy (BIPP), under the theme “Harnessing IP for Economic Transformation”. The BIPP was developed with the assistance of the World Intellectual Property Organization (WIPO), and focuses on six interrelated stated as follows: to improve the IP governance framework […]

The 46th Session of the Administrative Council of the African Regional Intellectual Property Organization (ARIPO) was hosted by the Government of the Republic of Mozambique from 21 to 25 November 2022. Director General, Bemanya Twebaze, has called on member states to double efforts to ensure that intellectual property be used to address challenges that include […]

The OAPI office has confirmed that the 12th edition of the Nice Classification system will be applicable to all trade mark filings, including international filings through the Madrid system, from 1 January 2023. Trade marks which are filed after this date using older editions of the Nice Classification system, will not be accepted, unless the goods/services […]

On 29th November 2022, the Anti-Counterfeit Authority (“ACA”) issued and circulated a Public Notice no. 3/2022, available here, essentially reiterating that the Mandatory recordal of intellectual property rights for importation purposes will be implemented on 1st January 2023. The ACA advised that further extension/s of the implementation of the Recordation Regulations are not contemplated at this stage. Importers are urged to […]

Adams & Adams hosted its ninth annual Africa Network Meeting on 15 September 2022, bringing together local partners, practitioners, registry staff and registrars from at least 30 African countries across the continent to share insights and challenges of the African IP community. A highlight of the event was an inspiring address by guest speaker Dr […]

The 63rd General Assembly of the Member States of WIPO took place at the WIPO headquarters in Geneva, Switzerland in July. On 22 July 2022, WIPO member states approved the convening of diplomatic conferences for two proposed international agreements. The proposed agreements are in respect of the protection of designs to ease cross-border trade and […]