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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 […]

The Senate has adopted a draft law establishing the Congolese Industrial Property Office. With the establishment of the Industrial Property Office, the aim is to provide technical assistance to local economic operators, researchers and inventors preparing documents to obtain industrial property titles, assignments and licensing. It will also provide local services to national users; such […]

On 26 and 27 July, the second meeting of the ARIPO ad hoc sub-working group on geographical indications (GIs) took place in Harare, Zimbabwe. The meeting was attended (in person) by the representatives of the sub-working group from Ghana, Kenya, Liberia, Malawi, Mozambique and Zambia. Two consultants recruited by AfrIPI were also present.  One consultant […]

In order to curb misuse of pharmaceutical trade mark registrations, the Angolan trade marks office (IAPI) has issued notice 9/2022 which states that, going forward, all registration certificates for pharmaceutical trade marks in class 5 shall now contain the following disclaimer: “This title grants the right of ownership and exclusive use of the trademark throughout […]

The Minister of Communications and Digital Technologies has announced that South Africa intends to launch Artificial Intelligence (AI) Institute, in partnership with the University of Johannesburg (“UJ”) and Tshwane University of Technology (“TUT”). UJ and TUT are co-founders of the AI institute, together with Communications and Digital Technologies Department. The aim of the AI Institute […]

Minister of Trade, Industry and Competition has promulgated, in terms of Section 15A of the Merchandise Marks Act, 1941 as amended (“MMA”), the 2022 Rugby World Cup 7’s as a “protected event”. The event will be hosted in South Africa from 9 -11 September 2022. As a protected event, the use of the logos as […]

The Director-General of Nigeria Copyright Commission (“NCC “), announced that it has signed a Memorandum of Understanding (MOU) with the Federal Airports Authority Of Nigeria (“FAAN”) which aims to curb the sale of goods which infringe copyright at the national airports in Nigeria. The Director General of the NCC, raised concerns that numerous books and DVDs […]

Patents & Companies Registration Agency (PACRA) issued a public notice of 23 August 2022, announcing that effective from 1 September 2022, the Zambian Registry will only issue electronic trade mark registration certificates.

In order to curb the rise of counterfeit goods offered for sale online in Kenya, the Kenyan Anti-Counterfeit Authority is proposing to partner with Kenya’s Digital Markets. A meeting was held between leading Kenyan Digital markets and the Kenyan Anti-Counterfeit Authority. The plan is to have online platform owners evaluate their vendor base to ensure […]

Following, the adopting of ‘D’ version of the Copyright Amendment Bill on 8 June, as well as the  ‘D’ version of the Performers’ Protection Amendment Bill, the National Assembly,  passed the bills on 31 August 2022. The bills have now been sent to the National Council of Provinces (NCOP) for concurrence. In addition, parliamentary hearings, as well […]

The Kenya Anti-Counterfeit Authority has announced the appointment of Dr. Mbugua Njoroge as the new  Executive Director and Chief Executive Officer. The appointment took effect on 1 August 2022. Dr. Mbugua Njoroge succeeds Ms. Fridah Kaberia, who served as Executive Director. for two years in an Acting capacity. Dr. Njoroge previously served as the Chief Executive Officer at the  […]

The Ethiopian Central Bank issued a directive calling on all operators of cryptocurrency in the country, to register with the Network Security Administration (INSA). INSA is the national cybersecurity agency. This move by the Central Bank, has been viewed as an indication that the Ethiopian government is ready to partake and develop the cryptocurrency industry […]

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 […]

After signaling its intention earlier this year to join ARIPO, the Republic of Cape Verde deposited its instruments of accession to ARIPO. The Minister of Energy, Trade and Industry, Hon. Alexandre Monteiro, presented the instruments of accession to the Director General of ARIPO, Mr Bemanya Twebaze at a ceremony held at the Embassy of Cape […]

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 […]

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 […]

An Adams & Adams team led by Partner, Eugene Honey, visited Adams & Adams’ Associate Office in Gaborone, Botswana and the Companies and Intellectual Property Authority (CIPA) on 9 June 2022. They met with the IP Registrar, Mr. Tim Moalusi, and the Assistant IP Registrar, Ms Malebogo Selemogo, to discuss Registry operations, IP developments in […]

The European Union Intellectual Property Office (EUIPO) is hosting a workshop on 21 and 22 June 2022 in Harare, Zimbabwe on the integration and implementation of IP tools with ARIPO member states. The EUIPO has developed IP tools in collaboration with the European Union’s member states IP offices in order to enable the offices to […]

A workshop was hosted by ARIPO and the Intellectual Property Rights and Innovation Project in Africa (AfrIPI) on 27 April 2022 to promote creativity and innovation for socio-economic growth of the member states through an effective intellectual property system. ARIPO Director General, Bemanya Twebaze, encouraged applicants in member states to register designs and utility models […]

The first meeting of the ARIPO ad hoc sub-working group on geographical indications (GIs) took place online on 16 June 2022. The working group comprises Ghana, Kenya, Liberia, Malawi, Mozambique and Zambia. The aim of the sub-group was to discuss a suitable legal framework for the protection of GIs in ARIPO member states and was assisted […]

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 […]

The “Tunisian Days of Copyright and Neighbouring Rights”, a promotion of the culture of copyright and related rights, was held from 3-5 June 2022 in Tunis.  It is a programme organised by the Tunisian Organization of Copyright and Neighbouring Rights (OTDAV) in partnership with the Tunis Opera Theater and the Union of Tunisian Visual Artists […]

Construction of the first state-of-the-art BioNTech mRNA production facility in Africa begun in Kigali on 23 June 2022. BioNTech co-developed the first approved mRNA-based vaccine (Pfizer-BioNTech COVID-19 vaccine) and is setting up the facility as part of a decentralised pan-African end-to-end manufacturing network. The facility will be able to manufacture a range of mRNA-based vaccines […]

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 […]

In cooperation with the European Patent Office (EPO) and the AfrIPI project, participants of the OAPI Distance Training for Patent Examiners began their second training session on 7 June 2022. The programme aims to strengthen the capacity of patent examiners to substantively exam patent applications and utility models. Substantive examination is scheduled to begin in […]

The Board of Directors of OAPI have granted a second and final term to Director-General Denis Bohoussou Loukou as the head of OAPI.  His first term of office ended in a crisis with his suspension on 14 October 2021 by the President of the Board of Directors, Beninese Alimatou Shadiya Assouman, on the grounds of […]

A ceremony to launch the third series of round tables on the establishment of collaborative work platforms between universities and research centers in OAPI member states was held on 16 June 2022. The project aims to identify specific avenues and themes for the creation and improvement of national innovation frameworks between the private and research […]

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 […]

The opening ceremony of the Abidjan Ministerial Conference on Geographical Indications was held on 3 June 2022 in Abidjan, Côte d’Ivoire and was attended by the Ministers of the 17 member states of OAPI, the Diplomatic Corps, the Director General of the National Institute of Industrial Property (INPI) of France, and the Deputy Director General […]

The Nigerian government has entered into a 3-year exclusive intellectual property right agreement with Developing Africa Group (DAG), a UK-based intellectual property rights commercialisation organisation, to build a national wallet for the commercialization of registered intellectual property. Users in Nigeria will be able to upload any registered intellectual property rights to the platform where they can trade, […]

The Federal High Court in Lagos has held that the National Broadcasting Commission (NBC) acted beyond its powers by seeking to regulate advertising in Nigeria, which is contrary to the provision of the Advertising Practitioners Act of 2004. Justice Ambrose Lewis-Allagoa held that the NBC lacks the power to prohibit exclusivity on privately acquired intellectual […]

Brand Africa hosted the  12th annual Brand Africa 100: Africa’s Best Brands 2022 awards in Lagos, Nigeria on 26 May 2022, ranking the top 100 most admired brands in Africa. African brands have increased by 4-17% from an all-time low of 13% in 2020 and 2021. South Africa’s lifestyle footwear brands, Bathu ranked at number 52 and Drip  at number […]

The Patents and Companies Registration Agency of Zambia (PACRA) has made its trade mark data of more than 60 000 trade marks available online on the TMview search tool from 13 June 2022. TMview now contains data from 77 participating offices and provides information and access to more than 106,5 million trade marks. TMview was […]

MultiChoice Kenya has won a court battle against internet service providers Safaricom and Jamii Telecom after the High Court issued a directive ordering them to take down pirated content. MultiChoice Kenya filed the case in 2019 seeking to compel the internet service providers to block live streaming of sports on its networks after it had […]

A comprehensive manual on geographical Indicators in Africa has been developed by several experts under the auspices of the Intellectual Property Rights and Innovation project in Africa (AfrIPI). The manual is available online in English and French. Geographical Indications (GIs) have been receiving increasing attention on national and international level by producers, consumers, and policymakers […]

The Board of Directors authorised the launch of a recruitment procedure for a new CEO, subsequent to the dismissal, with immediate effect, of the Deputy Director General (DGA) of OAPI, Mr Jean-Baptiste Noël Wago on 13 May 2022. This is unfortunately a further difficulty with top management as the CEO, Ivorian Denis Bohoussou Loukou, was […]

A Delegation from OAPI visited Ouagadougou in Burkina Faso on 13 May 2022 as part of the 8th extraordinary session of the Board of Directors of OAPI to meet with the prime minister, Mr Albert Ouédraogo. The aim of the meeting was to obtain the support of the Burkinabe government during what appears to be […]

The Ministry of Commerce and Industry (MOCI) in Liberia recently took drastic action against piracy by shutting down businesses offering local and international pirated goods, related primarily to the entertainment industry. The aim is to get rid of any black-market goods altogether. Piracy is considered a serious offence in the territory, with sanctions such as […]

Kenya’s President Uhuru Kenyatta signed the 2021 Copyright Amendment Act into law[1]  on 4 April 2022. It introduces a new royalty sharing formula which entitles musicians and performing artists to receive a guaranteed 52% of revenues generated from the licensed use of music for ring-back tones used by telecommunications companies.[2] It will come as some […]

On 12 May 2022, the Constitutional Court[1] heard argument on whether it should confirm the 2021 Gauteng High Court ruling (in the matter of Blind SA v. Minister of Trade, Industry and Competition and others[2]) which declared the Copyright Act unconstitutional for not providing copyright exceptions to allow organizations representing blind and visually impaired persons to […]

The Nigeria Copyright Commission, located in Abuja, destroyed pirated works in a public display in the state of Akwa Ibom, assisted by the State Waste Management Board.  The pirated works not only included books, CDs and the like, and also infringing items such as electronic cables and decoders, which were seized by the Commission over […]

A training programme for examiners of patent applications is scheduled to take place from 11 to 26 July 2022, which will be hosted in Zanzibar, Tanzania. The training programme is a partnership between The African Regional Intellectual Property Organisation (ARIPO), the Patent Examination Training programme (APERT), AfrIPI (the Intellectual Property Rights and Innovation project in […]

A delegation from ARIPO, led by the Director General, Mr. Bemanya Twebaze, visited the OAPI headquarters in Yahounde from 16 to 18 May 2022.  The Director General of OAPI, Mr Denis Bohoussou, hosted the delegation for discussions on intellectual property issues as part of the work of the 6th joint commission between the two institutions. […]

The Anti-Counterfeit Authority (“ACA”) launched the Anti-Counterfeit Authority Integrated Management System (“AIMS”) on 28 February 2022 and, thereafter, adopted a three (3) phased out implementation approach. The ACA issued a public notice on 26 April 2022, setting a deadline of 1July 2022 for the recordal of Intellectual Property Rights (IPR) applied to the goods imported […]

Kenya’s Anti-Counterfeit Authority has made it compulsory to record IP rights on all imported goods (not services) in Kenya by no later than 1 July 2022. The public notice published on 26 April 2022 required these rights to be recorded on the Anti-Counterfeit Authority Integrated Management System. Failure to comply will constitute an offence. However, mandatory […]

Important Topics: INCREASE IN OFFICIAL PUBLICATION FEES The Ethiopian Press Agency recently announced that there will be a sharp increase in publication fees in response to declining economic conditions in the country. The ongoing civil war in Ethiopia’s Tigray region, and international developments, including Russia’s invasion of Ukraine have adversely affected the Ethiopian economy. The Press […]

On 6 April 2022, Cape Verde acceded to the Paris Convention and Patent Corporation Treaty, which comes into force on 6 July 2022. Any international patent application filed on or after this date may designate Cape Verde. This accession is welcome news because it allows for cost-effective extension of patent rights to the country. Source: Cabo […]

Cape Verde makes progress in attracting IP investment as the ARIPO and PCT systems strengthen. CAPE VERDE ON ITS WAY TO BECOMING THE 22ND MEMBER OF ARIPO In January 2022, Parliament in Cape Verde approved the accession of the country to the Lusaka Agreement, incorporating accession to the Banjul and Harare Protocols. Parliament also approved […]

On 6 April 2022, the Senate in Nigeria passed the Copyright Bill,which aims to ensure that copyright laws in Nigeria will be in line with best practices in respect of the regulation, protection and administration of copyright, especially in the digital economy, and to align with Nigeria’s obligations under its international agreements. The Bill seeks […]

CLICK HERE TO VIEW JUDGEMENT This is an appeal decision relating to Cairns Foods Limited and Netrade Marketing, two companies in the business of producing and marketing food products, in particular, fruit jam. Cairns Foods extensively used its SUN and device label trade mark in respect of jam products for over 50 years and has […]

A recent local survey conducted by the National Intellectual Property Management Office (NIPMO), found that “60% of South African universities were not empowered to commercialise their IP through spinoffs, start-ups or incubators”. However, Dr Elmary Buis, NIPMO’s Deputy Director of the Regulatory and Compliance Department, said that while the survey findings were of concern and […]

Cape Verde makes progress in attracting IP investment as the ARIPO and PCT systems strengthen. Additional Topics: THE FIRST EPO-ARIPO UNIVERSITY IP OUTREACH PROJECT LAUNCHES At the recent EPO-ARIPO heads of office meeting, a lack of understanding of IP rights and a need for infrastructure for investing in IP rights were identified as challenges in […]

The Saponé Hat, dating back to the 13th‎‎ century, is produced by Burkino Faso’s Saponé community and is integrated as part of their cultural and historical identity.‎ On 12 April 2022, the Saponé community received certification for the hat as a protected geographical indication. The registration certificate was handed to the local authorities of the […]

The Ethiopian Press Agency announced a sharp increase in publication fees in response to declining economic conditions in the country.  The Ethiopian economy has been adversely affected by the ongoing civil war in Ethiopia’s Tigray region, and international developments, including Russia’s invasion of Ukraine. The Press Agency’s new tariff affects all publications, including intellectual property […]

We are pleased to report that the industrial strike action undertaken by the Registrar General’s Department and Industrial Property Office on 20 January 2022 has been called off and the Registry is back to full operational capacity

On 23 February 2022, the Anti-Counterfeit Authority announced that they had concluded the migration process to the Anti-Counterfeit Authority Integrated Management System (“AIMS”), an online platform developed to facilitate the process of the recordal of intellectual property rights, and that the system would be rolled out on a pilot basis from 28 February 2022. The […]

Certain class headings under the International Classification of the NICE Agreement will no longer be accepted by OAPI[1] On 28 February 2022, the Director General of the Organisation Africaine de la Propriete Intellectuelle (“OAPI”) issued a Circular Notice informing all users of its systems that with effect from 01 January 2022, certain class headings, which […]

On 14 February 2022, Egyptian President Abdel Fattah El Sisi signed the country’s first Financial Technology Law, No. 5 of 2022 (“the FinTech Law”) into law[1]. The FinTech Law is aimed at introducing the long-awaited rules governing the provisions of various non-banking financial services/activities by “concerned entities”, through technological mediums aligned with the Egyptian Government’s […]

Recent developments at the Committee of Oppositions in Egypt have resulted in a drastic reduction in the time taken for the Committee to render decisions. Whilst in the past it was common practice to wait in excess of a year for the Committee of Oppositions to render a decision, the Committee is now regularly rendering […]

Trademarks On 31 January 2022, the previously promulgated Industrial Property Act, 2019 was proclaimed and came into force in Mauritius. The Industrial Property Regulations 2022, made under the Act, also came into force on 31 January 2022. The Industrial Property Act, 2019 is now a combined Act covering all industrial property related issues in one […]

The object of the Bill is to amend the Copyright Act (hereinafter referred to as the “principal Act”), so that provision is made for a formula for sharing of revenue from ring back tunes between artists/copyright holders and the telecommunication companies. The Bill provides the following: the artist should get a greater share of the […]

In accordance with the new finance law[1], a 19% Valued Added Tax is to be added on professional fees with effect from 1 January 2022. Therefore, all the IP matters in Algeria filed on or after 1 January 2022 and all pending matters that will be completed on or after the said date will be […]

In terms of a Notice[1] issued by Companies and Intellectual Property Commission (“CIPC”), the handover project of moving 7.2 million Companies, Close Corporation, Trade Marks, Design, Copyright and Cooperatives files to the new storage facility was completed on 26 November 2021. CIPC has advised that official files will be unavailable for a period of 3-4 […]

In October 2021, the Industrial Property Automated System (IPAS) crashed, and this caused a devastating ripple effect on all matters at the Registry. The IPAS system has now been replaced and is now fully functional. Delays are however expected, particularly with clearing the backlog. Practitioners are looking forward to the Registry resuming normal operations[1]. [1] […]

In Ghana, the Registrar General’s Department and the Industrial Property Office have embarked on indefinite industrial strike action which commenced on 20 January 2022. These offices are closed, and all processes are halted until further notice. Due to the strike, no documents can be filed and there can be no following up on any pending […]

In terms of Resolution No. 16 of 2022 dated 23 January 2022, the President of the Academy of Scientific Research and Technology, has mandated that patent agents have from 01 January 2022 to 28 February 2022 to prepare themselves for online filing for all patent matters in Egypt. In terms of the notice, agents are […]

The Eleventh (11th) Edition – Version 2022, of the Nice Classification of Good and Services, applies to all trade mark specifications with effect from 1 January 2022. The changes can be obtained from the official website of WIPO[1]. [1]  www.wipo.int

OAPI has recently uploaded, onto its LinkedIn page, five (5) videos of the Director General (“DG”), Mr Denis Bohoussou, addressing the media and agents on a number of issues[1]. Most importantly the Director General stated that all registration certificates which were signed by the Assistant Director-General during the period of the suspension of the DG […]

On 7 January 2022, the Parliament of Cape Verde approved accession to the Lusaka Agreement. The Cape Verde Parliament also voted in favour of acceding to the  Banjul and the Harare Protocols on the same day. On 27 January 2022, it further approved  accession to the Swakopmund Protocol. Cape Verde has indicated, that the instruments of accession […]

Trade marks On 28 February 2022, the OAPI IP Office issued a notice informing that the Registry requires trade mark specifications of goods and services to contain clear and precise descriptions. As a general rule, trade mark applicants are discouraged from using the general class headings utilized in the Nice Classification system, unless in circumstances […]

In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get a boda”, for the purchase of motorcycles, also known as a “boda boda” in Kenya. The Petitioner was a boda boda driver and made a […]

From 10 to 12 November 2021, in collaboration with AfriIPI (Intellectual Property Rights & Innovation in Africa), ARIPO will hold a conference on geographical indications for ARIPO countries in Harare, Zimbabwe[1]. The Objective of the conference is said to define a strategy between ARIPO member states, on the creation of a legal framework for Geographical […]

CLICK HERE TO VIEW NOTICE On 22 October 2021, the Ghana Industrial Property Office issued an official notice, which mainly states that: “Request(s) for search (es) in respect of Industrial Property should comply with the requirement (s) for searches states in the Law (s) and or Regulations of the particular Industrial Property”. Legal practitioners in […]

Following a meeting between the Director-General of the Moroccan Office of Industrial and Commercial Property (OMPIC) and the President of European Patent Office (EPO), on 22 September 2021, the two offices signed a Memorandum of Understanding (MoU) relating to the Cooperative Patent Classification (CPC). In terms of the MoU concluded, OMPIC has agreed to classify […]

On 28 October 2021, ARIPO (The African Regional Intellectual Property Organisation), OAPI (African Intellectual Property Organisation) and WIPO (the World Intellectual Property Organisation) held a meeting (virtually) to relaunch the Nairobi Strategic Plan on the development of Copyright and Related Rights in Africa (“the NSP”). The NSP was adopted initially in June 2019, resulting from […]

The amendments to the Regulations issued in terms of the Plant Improvement Act No. 53 of 1976, were published in the Government Gazette dated 8 October 2021, by the Department of Agriculture, Land Reform and Rural Development. In terms of the amended regulations, Cannabis sativa L, commonly known as ‘hemp’, has been declared an agricultural product, in terms […]

In Advisory Notice 4/2021, published on 4 July 2021, the Managing Body for Industrial Property informed the general public that a Power of Attorney should be filed within 30-days of the deposit of an application.  The Advisory Notice further indicated that this period may be subject to a single extension of 30-days. Powers of attorneys […]

CLICK HERE TO VIEW JUDGEMENT South Africa’s food, alcohol and agricultural laws all contain a similar provision prohibiting the use of false and/or misleading descriptions of the relevant commodity.  These prohibitions extend not only to descriptions that are applied to the labels of these commodities but also extends to the advertising thereof. Under the regulatory […]

From 15 November 2021 – 26 November 2021, OAPI, in conjunction with the French Development Agency and the Center for International Cooperation in Agricultural Research for Development, is presenting the Second Edition of the African Training on Geographical Indications. Registration for the course closes on 20 October 2021 and further information regarding the course may […]

On 12 October 2021[1], the regional conference on intellectual property was opened in Libreville.  The purpose of this conference is to discuss the challenges and unique perspectives relating to trade in Africa and in the African Continental Free Trade Area.  During the 2-day conference, the potential of a free trade area, the importance of intellectual […]

Although the Republic of Seychelle has been an approved member of ARIPO since 2019, the signature and the delivery of instrument of accession was delayed.  On 26 August 2021, President Ramkalawan of the Republic of Seychelles signed the instrument of accession to the Harare Protocol and, on 1 October 2021, the signed instrument of accession […]

CLICK HERE TO VIEW JUDGEMENT In June 2021, Parliament passed the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021, which Act proposes amendments to various pieces of legislation, including the Trade and Services Marks Act, (CAP 326) (“the Trade Marks Act”). The amendment to Section 5 of the Trade Marks Act makes provision for documents […]

In Kenya, copyright protection vests automatically upon the creation of a work. The registration of works is therefore not a requirement, however, the Kenya Copyright Board (KECOBO) does have an optional manual system of registration[1].  Copyright holders are encouraged to register their copyright as registration has been known to ease the evidentiary burden in cases […]

Following a judgment by the Constitutional Court on 18 September 2018, wherein the Constitutional Court confirmed an order by the High Court allowing adult South Africans to use, possess and cultivate Cannabis “in private”, there was an influx of applications to register as trademarks, marks incorporating, inter alia, words and signs alluding directly and indirectly […]

CLICK HERE TO VIEW JUDGEMENT On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer. In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in […]

CLICK HERE TO VIEW JUDGEMENT 1 CLICK HERE TO VIEW JUDGEMENT 2 In a decision by the Angolan Trade Marks Office, the South African electricity parastatal, Eskom was successful in its oppositions against the registration of trademark applications 12.419 and 12.420 ESCOM in Classes 35 and 36.  The Angolan Trade Marks Office held that the […]

During the Administrative Council meeting, the following material amendments to the Harare Protocol were tabled and approved: Filing of third-party observations: Section 2quater has been included in the protocol to provide for the filing of observations by third parties regarding patentability of inventions to which the ARIPO application relates. Previously, the Harare Protocol was silent […]

On 2 January 2022, Annexes III, IV and V of the revised Bangui Agreement entered into force, introducing significant changes to the trade mark registration process in OAPI, and changes affecting geographical indications and industrial designs.  No changes have been promulgated in respect of patents under the revised Bangui Agreement yet, although this may well […]

The Administrative Council proposed and adopted amendments to the Banjul Protocol on Marks as well as its Implementing Regulations at their Extraordinary Session and Ordinary Session that was held during the latter part of 2021. The following amendments came into force on 1 January 2022: Section 6bis which refers to the Publication and Registration procedures […]

Adams & Adams has been internationally recognised as the leading IP Firm in Africa. Over the past 10 years, Adams & Adams has established an extensive network of Associate Offices which operate in conjunction with local partners to enhance its offering in Africa. Adams & Adams continues to evolve and position itself as the first […]

The Uganda Registration Service Bureau (URSB) issued public notices calling for the renewal of expired trade mark registrations.  The notices, which were published in the New Vision newspaper on 25 May 2021 and 15 June 2021, call upon proprietors of expired trade mark registrations to renew their marks within 30 days from the date of […]

On 5th February 2021, Uganda published their Trademark (Amendment) Regulations No. 9 of 2021 (the Amendment))[1] which amends Trademark Regulations No.58 of 2012 (the Regulations).  The Amendment brings changes that address shortcomings to some practical aspects of the Trademarks Act No.17, 2010 (the Act) and it also aligns Uganda’s trademark practise with international trademark standards.  […]

The President of the Republic of Seychelles H.E. Wavel Ramkalawan, signed the instrument of accession to the Harare Protocol on 26th August 2021 which was received by ARIPO on 1 October 2021. As such, the Republic of Seychelles will become the 21st ARIPO Member State and with effect from 1 January 2022, applicants for ARIPO patent, design and […]

In November 2018, Yimei Hotel Management (Shenzhen) Limited (“the Applicant”) applied to register trade mark no. ZN/S/2018/461 as a service mark in class 43. The mark was published for opposition purposes and an opposition was filed against its registration by MHG IP Holding (Singapore) PTE LTD (“the Opponent”). The Opponent relied upon its earlier registration […]

Traditionally, formal documents (i.e. Forms P.3/D.3, P.26 and assignments) for filing in support of patent and design applications had to be executed by way of an original/wet signature. However, the Registrar has  recently issued a practice note setting out a number of changes in procedure including  the Registrar ‘s discretion to accept  assignment documents or […]

Although the Zimbabwe Intellectual Property Office (ZIPO) has welcomed the fact that its Industrial Property Automated System (IPAS) is up and running again, the Registry’s operations were severely affected by the Covid-19 pandemic. Zimbabwe is one of the countries entering the third wave and is currently in lockdown. As such, ZIPO is operating with a […]

In December 2020, the African Intellectual Property Organization (OAPI) announced the launch of a pilot project to test a new online filing system (e-filing platform).  The initial plan was to test the system amongst 6 firms (including our local Associate office) prior to a wider launch. However, the launch has been delayed, largely due to […]

The Trade marks, Patents and Designs Registry in Nigeria recently published the first ever editions of the Patents and Design Journal. The Journals, titled Vol. 1, No. 1 and Vol. 1, No.2, were published on 17 and 26 March 2021, respectively, with opposition dates 60 days from the publication date. This is the first time […]

The Nigerian Copyright (Repeal) Bill 2015, which was approved by the Nigerian Federal Executive Council in 2018, was presented to the Nigerian National Assembly for approval and enactment into law on 6 July 2021.[1] The Copyright Bill is purported to be aimed at overhauling the copyright system in Nigeria, with the current legislation being the […]

The Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice no. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice no. 118) were jointly published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development on 23rd July 2021. These Regulations pave way for the implementation of the proposed amendments of the Statute Law (Miscellaneous […]

Earlier this year, the Registrar-General’s Department (RGD) undertook a major system upgrade and audit of Industrial Property (IP) matters. As a result, all IP applications which were filed from January 2021 to March 2021, were only processed around mid-April 2021. However, according to a notice issued by the RDG on 4th June 2021, it has […]

The Covid-19 pandemic has brought with it limitations and difficulties at various levels. In order to ensure the protection and safety of public officials, the Kenyan Industrial Property Institute has suspended the Personal Trade Mark Search Service until further notice. For the time being, only official trade mark searches will be conducted. This announcement by […]

The Gambia Following the depositing its Instrument of Ratification to the Banjul Protocol on Marks on 3 May 2021, the Banjul Protocol is effective in The Gambia from 3 August 2021.[1] This means that ARIPO applications for marks may now designate The Gambia. [1] www.aripo.org/banjul-protocol-on-marks-now-effective-in-the-gambia/

ARIPO, with support of the Government of Uganda is organising a Diplomatic Conference for the Adoption of the Draft Protocol on Voluntary Registration of Copyright and Related in Kampala, Uganda from the 23rd to the 24th of July 2021. Ministers from ARIPO Member States and invited practitioners will attend the Diplomatic Conference. The Protocol will establish a […]

Earlier this year, the Registar-General’s Department (RGD) undertook a major system upgrade and audit of Industrial Property (IP) matters. As a result, all IP applications which were filed from January 2021 to March 2021, were only processed around mid-April 2021. However, the RDG has now expressed that it is in a position to clear the […]

For over a month now, the Judiciary Staff Union of Nigeria has been on strike. This has caused a complete closure of all courts throughout the country. Unfortunately, this means that an already overburdened judicial system will be placed under further pressure when operations resume. There is currently no indication as to when the courts will […]

On 3 May 2021, the Government of the Republic of The Gambia deposited its Instrument of Ratification to the Banjul Protocol on Marks with the Director General of ARIPO. Accordingly, The Gambia will be eligible for designation under the Banjul Protocol with effect from 3 August 2021. The ratification of The Gambia to the Protocol […]

Recently, the Arbitration Tribunal (“the Tribunal”) in Kenya adjudicated a dispute concerning the domain name bluehost.co.ke. The dispute was initiated in terms of the    Alternative Dispute Resolution Policy (“the Policy”) of the Kenya Network Information Center (“KENIC”) read together with the Trade Marks Act and the Arbitration Act. The claimant, Bluehost Incorporated, is the owner […]

The Namibian Business and Intellectual Property Authority (“BIPA”) has announced that it is in the process of developing a new legal framework for copyright protection in Namibia. This will, as a result, lead to a repeal of the Copyright and Neighbouring Rights Act 6 of 1994 (“the current Copyright Act”). The news has been welcomed, […]

The Nigerian Companies and Allied Matters Act, 1990 had not been significantly changed for thirty years, until President Buhari assented to the Companies and Allied Matters Act, 2020 on 7 August 2020. The much needed developments aim to address the rapidly transforming corporate landscape in Nigeria.  Company and business name disputes in Africa are not […]

Filing Trade Marks through ARIPO as an Alternative Zimbabwe acceded to the Banjul Protocol on Marks (ARIPO) in 1997. As Zimbabwe has domesticated the Banjul Protocol, an ARIPO registration designating Zimbabwe is afforded the same rights as a national application. National applications filed at the Zimbabwe Registry often experience delays of some four to eight […]

The enforceability of International Registrations in Zambia- Trade Marks Rights Not Getting ‘Beta’? In a recent decision of the Registrar of Trade Marks in Zambia in the matter of Sigma-Tau Industrie Farmaceutiche Riunite (“the Opponent”) and Amina Limited (“the Applicant”), the Registrar held that international registrations (“IRs”) under the Madrid Protocol designating Zambia are valid […]

Registry Visit In December 2019, Adams & Adams Partner, Nishan Singh, attended a mediation hearing for a trade mark infringement matter filed at the Commercial Court in Kampala. He was accompanied by representatives from our associated firm. After the hearing, Singh visited the Uganda Registration Services Bureau (URSB), and met with the Manager of IP, […]

Increase in official trade mark fees On 23 January 2020, the Tunisien Patent and Trademark Office (INNORPI) issued Decree no. 29/2020, in which it announced a 100% increase in official trade mark fees, effective as of 27 January 2020 KEY OPPORTUNITIES & CONCERNS Opportunities  A resilient and resurgent economy based on established trade links The […]

Trade marks: Classification of goods and services Version 2020 of the 11th Edition of the NICE Classification of Goods and Services will apply to all trade mark specifications, effective 1 January 2020. Trade marks: Examination Version 3 of the Guidelines on the Examination of Trade Mark Applications came into effect as of 20 March 2019, […]

Anti-counterfeiting training During October 2019, we travelled to Dar Es Salaam in Tanzania to conduct Brand Identification Training at the REACT workshop with the Fair Competition Commission (“FCC”) officials to assist them in combating the sale of counterfeit goods in Tanzania. The workshop was very well attended by the FCC, the Director General of the […]

Registry Operational In January 2020, notification was received to the effect that the Somalia Registry was now operational and that it was now possible to file trade mark applications in Somalia. The Ministry of Commerce and Industry had earlier indicated that trade mark registration would only commence after the enactment of new trade mark laws. […]

Trade Mark Prosecution: Update The Registry is applying the provisions of the 2014 Act, although the date of the Act has not yet been made available. As per our previous update, it is now possible to file for trade mark applications covering both goods and services. Under the previous Act, it was not possible to […]

Registry Visit Adams & Adams’ Mozambique partner, Elio Teixeira, travelled to São Tomé in São Tomé and Principe in November 2019 to meet with the Registrar of the National Intellectual Property and Quality Service (SENAPIQ), Mr. Domingos da Silva da Trindade. We were encouraged to learn of the Registry’s computerisation project, supported by WIPO, which […]

Trade Mark Renewal Exercise – Deadline Extended In accordance with Rwanda Law No. 31/2009 on the Protection of Intellectual Property (“the Law”) of 14 December 2009, all trade marks registered in terms of the old 1963 Act, i.e., trade marks registered before 14 December 2009, were to be renewed before the 14th of December 2019, […]

INTA Workshop Promotes Further Positive Changes at the Registry Following last year’s release of the first-ever compendium of trade mark opposition rulings by the Registry, a workshop with senior trade mark officials was held in Abuja, in collaboration with INTA. Simon Brown (partner) and Kelly Thompson (partner), together with local lawyers and a team from […]

Anti-counterfeiting training During May 2019, we travelled to both Windhoek and Walvis Bay to conduct Brand Identification Training with officials of the Namibian Ministry of Finance, Department of Customs and Excise. Two separate sessions were conducted in Windhoek and Walvis Bay, the initial session a theoretical one focusing on identification of counterfeit goods and the […]

Tommy Flange The Mozambique Trade Mark Registry has found in favour of Tommy Hilfiger Licensing B.V (the “Opponent”), on 23 January 2020, in an opposition against the registration of the trade mark TOMMY FLANGE, in class 25 filed by Hudsun (the “Applicant”). The Applicant is an entity that operates as a clothing store based in […]

On 25 September 2020, the Republic of Mauritius deposited its Instrument of Accession to the Lusaka Agreement with the Director General of ARIPO. The accession of Mauritius brings the total number of states who have acceded to the Lusaka Agreement to twenty. Whilst Mauritius is now a full member of ARIPO it has not yet […]

OMPIC and WIPO sign Memorandum On the 4th of October 2019, the Moroccan Office of Industrial and Commercial Property (OMPIC) entered into a Memorandum of Understanding (MoU) with the World Intellectual Property Organisation (WIPO) concerning the promotion of alternative dispute resolution mechanisms in the field of industrial property. The objective of the MoU will see […]

Mauritius – Good for Investment and IP Protection In line with its growing relevance as an upper-middle-income economy, Mauritius’ IP regime is getting a makeover. In the pipeline for some time, the new Industrial Property Bill was finally passed by Parliament on the 30th of July 2019 and published in the Government Gazette on the […]

The Launch of the National Intellectual Property Policy Malawi launched the National Intellectual Property Policy in May 2019. The Policy forms part of the government’s Growth and Development Strategy III, which has identified industrialisation and the structural transformation of the economy as a key priority area, essential to maintaining long-term growth and economic development. The […]

Registry Visit In November 2019, Stephen Hollis (partner, Adams & Adams) and Menzi Maboyi (Africa Practice Manager) travelled to Monrovia to attend the ARIPO Admin Council Meeting. They also visited our Associate Office as well as the offices of the Liberia Intellectual Property Office (LIPO). As LIPO was hosting the 43rd ARIPO Administrative Council Meeting […]

Anti-counterfeiting search and seizure operations In February 2019, we travelled to and met with the Deputy Commissioner of Police – CID and his members with a view to obtaining their assistance in conducted various search and seizure operations in the Kingdom of Lesotho on behalf of various of our clients. As a result of this […]

New Managing Director of Kipi to be Appointed On Friday 29 November 2019, Mr Slyvance Sange’s tenure as the Managing Director of the Kenya Industrial Property Institute (KIPI) came to an end. Mr Sange was appointed on 31 May 2014, initially in an acting capacity, but later permanently. Adams & Adams appreciated Mr Sange’s support […]

Registry Visit In November 2019, Adams & Adams partner, Stephen Hollis, and Africa Practice Manager, Menzi Maboyi,) travelled to Accra to visit our Associate Office, as well as the Ghana Registry. They met with the Assistant Registrar, Mr. Know Sessa Acquaye, to discuss Registry operations and outstanding matters. Mr. Acquaye provided an update on a […]

Online Trade Mark Filing System Introduced in Ethiopia The Ethiopian Intellectual Property Office (EIPO), in collaboration with the World Intellectual Property Office (WIPO) has adopted an online trade mark filing system. The development was borne of an agreement between EIPO and WIPO to modernise the IP system in Ethiopia. The new system is expected to […]

Anti-counterfeiting training During March 2019, at the request of the Royal Swaziland Police, our Anti-Counterfeiting Team met with senior members of the Police to assist in developing and strategizing anti- counterfeit operations throughout Eswatini during April 2019. This meeting resulted in a Brand Identification Workshop being held with the Police during the first week of […]

Egyptian Trade Mark Office Fee Increase on Hold Official fee increases which were tabled in the ministerial decree No.179 dated 4 September 2019, were supposed to come into effect on 5 September 2019. However, this increase has not yet been effected and remains on hold. Associate Office hosts INTA Anti-Counterfeiting Workshop INTA Anti-counterfeiting Workshop In […]

Positive Signs of Stability at the Registry The turnover in appointments of Ministers of Trade, who oversee the Registry functions, has always had a negative impact on the processing of applications filed at the Registry of the Democratic Republic of the Congo (DRC). This is as a result of the requirement that the registration certificates […]

Treaties Joined On 4 April 2019 Cape Verde took a monumental step in ensuring copyright protection for its authors by acceding to WIPO’s three main copyright treaties: The WIPO Copyright Treaty (“WCT”) The Performances and Phonograms Treaty (the “WPPT”) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired […]

New Approach to Trade Mark Renewals Historically, trade marks filed in Burundi were valid indefinitely; therefore, there was no need to pay renewal fees in this jurisdiction. In 2009, the law regarding trade mark renewals in Burundi changed. As mentioned in previous editions of this Update, trade mark proprietors should be aware of the impact […]

Author: Eugene Honey Registry Visit In July 2019, Adams & Adams partner, Eugene Honey and Trade Mark Administrator, Shakes Mashaba travelled to Gaborone to visit our Associate Office, as well as the Companies and Intellectual Property Authority (CIPA) at its premises in the new central business district. They met with the Registrar, Mr. Tim Moalusi, […]

In a recent decision by the Registrar of Trade Marks in Zambia, it was confirmed that “bad faith” can be relied upon as a ground of opposition against a trade mark application. The matter related to an opposition by Anhui Liangliang Electronic Technology Co Limited (“the Opponent”) against an application to register the mark TORCH […]

We are pleased to bring you the first section of the 2020 issue of the Adams & Adams Africa Update. While the far-reaching effects of the global Covid-19 pandemic on Africa’s economy will be difficult to predict, we believe that our continent will recover and remain increasingly relevant on the world stage. As always, the Africa […]

Although the Madrid system functions very well in most countries outside of Africa where IP laws are at similar stages of development and IP Offices utilize advanced technologies and maintain digital registers and systems, the reliance on the Madrid-system in most African countries carries with it a degree of commercial risk (the level of which […]

It has been confirmed that official fees in Angola are set to increase. The Presidential Decree no. 62/20 authorizing the increase was published in the Government Gazette of 4 March 2020. It has been advised that the new official fees will come into force on 20 March 2020.

There are currently 6 WIPO External Offices worldwide. The first WIPO External Office in Africa was successfully opened less than a year ago in Algiers, Algeria and preparations for the opening of a second WIPO External Office in Africa are underway.

A round-up of recent economic, political and legal developments and trends that have taken place in Africa

On 25 December 2018, the Zambian Industrial Property Office issued a legal notice regarding the application of the Property Transfer Tax (Amendment) Act, 2017 on trade marks, patents and Industrial designs. The Amendment Act amends certain provisions of the Property Transfer Tax Act, Chapter 340 (Principal Act). The definition of “property” has been amended to […]

Although the Madrid system functions very well in most countries outside of Africa where IP laws are at similar stages of development and IP Offices utilise advanced technologies and maintain digital registers and systems, the reliance on the Madrid-system in most African countries carries with it a degree of commercial risk (the level of which […]

Memorandum on the effectiveness of International (MADRID) Registrations in Africa.  Introduction The international trade mark registration system (known as the Madrid system) is administered by the World Intellectual Property Organization (WIPO) based in Geneva, Switzerland.  It is considered to be a one-stop solution for the registration and management of trade marks worldwide.  Brand owners from […]