Intellectual Property

Influencer beauty gurus of South Africa were abuzz this past weekend with the announcement of a Rhode pop-up store at Mall of Africa. TikTokers wasted no time in running to secure the bag and soon feeds on all social media platforms were filled with hauls and unboxings and reviews of what was deemed to be […]

Introduction The levies/taxes at issue were imposed on indigenous communities for different reasons, including for reporting a death in a family, relocation to another village, and the allocation of a residential stand. The applicants argued that in cases where they failed to pay the levy, traditional authorities refused them essential services, such as the installation […]

What do the following brands all have in common? A brand refresh, of course! Refreshing your brand can be an exciting way to modernise your business and keep it relevant to customers. But while you’re giving your brand a new look, don’t forget to consider your intellectual property (IP). A brand refresh can help strengthen […]

The Directorate of the Advertising Regulatory Board (“ARB”) was recently called upon to adjudicate a competitor complaint filed by Massmart IP (Pty) Ltd against Mr Delivery (Pty) Ltd. Mr D’s advertisements in issue were posted on YouTube and broadcast on radio. The radio commercial features a distinctive-sounding voice-over stating: “Hmmm, what’s that? Black Friday specials […]

With the emergence of Gen Z Slang, spoken by the generation born between 1997 and 2012, you would be forgiven for feeling cheugy (read “someone who is out of date”) when the language of these “digital natives” flies right over your head (the authors included, who, without giving our ages away, sit as bookends of […]

The recent publication of the Plant Health (Phytosanitary) Act 35 of 2024 is expected to herald significant changes in South Africa’s approach to the management of plant pests. The Act replaces parts of the Agricultural Pests Act 36 of 1983 directed to plant pests. In doing so, it provides for the designation of an Executive […]

We currently live in the internet age, an age where a great deal of economic activity is conducted online. Nowadays, most businesses have some form of online presence in the form of websites. This is generally considered the easiest way to reach a wider audience and reach more prospective consumers. The downside, of course, is […]

In recent years, we have witnessed explosive growth of online marketplaces and the increasing prevalence of e-commerce businesses. As businesses adapt—albeit slowly—to the modern consumer who prefers purchasing products from the comfort of their couch, there is a parallel rise in the sophistication of scams and fraud aimed at exploiting this shift. Platforms like Facebook […]

The US Patent and Trademark Office (USPTO) has published that there will be notable increases in some of its patent application fees as from 19 January 2025.  Since South African patent applicants generally have a strong interest in the USA as a patent jurisdiction, the changes should be taken note of. The most relevant change […]

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 […]

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 […]

South Africa is known internationally for its abundant flora. South African plant breeders regularly win awards at an international level for their unique and beautiful cultivars. From roses to aloes to all manner of drought-resistant and “South Africa friendly” flowers, the plant-related IP landscape in our country is one of huge potential. So, the question […]

On Monday afternoon, the Advertising Regulatory Board (“ARB”) set the industry abuzz after it announced that Meta, the technology conglomerate which owns and operates a hive of social media platforms such as Facebook and Instagram, has created an access point which will enable it to share its decisions – which affect advertising on Meta’s platforms […]

As you may have heard in the news, five children were recently reported to have tragically died in Soweto, after allegedly eating poisoned snacks, purchased at a spaza shop. The sixth child, who was the only survivor, later succumbed to his injuries in hospital. These children, aged between six and eight, were initially reported to […]

We see it weekly in the news, “South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested”. But what happens to these suspects arrested and charged in counterfeit goods matters? Make no mistake, the Counterfeit Goods Act No. 37 of 1997 (“the CGA”) criminalises the act of dealing (selling, offering […]

As a millennial, it took me a while to embrace the Tiktok trend and ‘get with the Gen Z program’. In between billable work one evening, I found myself scrolling on the app and came across a local fashion influencer who was floored by the fact that an extremely popular insulated drink container (possibly the […]

The phrase SIMPLY LOVELY might sound simple and not too special, but it is, in fact, rather renowned, at least in the Formula 1 community. “SIMPLY, SIMPLY LOVELY” were the words used by Max Verstappen over the Red Bull team radio after overtaking Sebastian Vettel during the 2017 Mexican Grand Prix. The phrase SIMPLY LOVELY […]

The City of Johannesburg Council issued a notice of its intention to consider the renaming of Sandton Drive to Leila Khaled Drive in September 2024. The proposed name change has been met with widespread criticism by residents and businesses alike, but what are the legal principles that would regulate such a decision, and will the […]

Ask any fragrance enthusiast what they would like for Christmas this year and chances are they will say, “a bottle of the latest Sol de Janeiro product, please”. This U.S. skincare and fragrance brand, inspired by the vibrant culture of Brazilian beaches and with its signature almond and vanilla scent, has recently taken social media […]

The South African Patents Act sets out a number of requirements for a patent to be valid. For example, the invention claimed in a patent must be new and not obvious. If a patent does not meet these requirements, a person can apply to court for the patent to be revoked. Persons against whom a […]

In the world of social media, viral moments can change everything overnight. TikTok creator Jools LeBron experienced this firsthand when her phrase, “very demure, very mindful,” went viral, earning her over 2 million followers. However, the excitement of her newfound success quickly faded when another individual, Jefferson Bates, filed an application to register, as a […]

Intellectual capital, intellectual property, trade marks, company names, domain names, clearance searches, licensing, patents, designs, trade secrets, copyright … These words or phrases may sound like buzzwords to entrepreneurs, but these words and phrases are keywords for the long-term success of any enterprise. Intellectual property comprises intangible assets which should be protected and leveraged to […]

It is no secret that influencers are currently at the forefront of the marketing industry. It comes as no surprise when products or services “go viral” as a result of their promotion through influencers on online platforms. Enterprises are leveraging influencers’ reputations and brands to acquire goodwill in their own brands and to put the […]

The responsibility for the management of an IP portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips […]

While South Africa has been understandably caught up in election fever, a quietly momentous event has taken place in Geneva. On 24 March 2024, the World Intellectual Property Organization (WIPO) member states adopted a new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. This adoption follows decades of negotiation and, more recently, vigorous […]

Shop layouts play a significant role in attracting and retaining customers. The way a store or establishment is designed can have a substantial impact on consumer behaviour and brand identity. The risk of having your unique shop layout copied by competitors is a valid concern. In South Africa, an intellectual property instrument in the form […]

In recent years, the South African courts have been called on to adjudicate much-publicised trade mark disputes involving the names and logos of prominent political parties. The dispute between the ruling party, the African National Congress, and the ‘new’ party on the block, uMkhonto Wesizwe, being the latest of such cases. While political parties are […]

I have recently been exposed to the exploits of Mikey Turtle in Minecraft and Roblox minigames and experiences, but my exposure has been enough to lead me down the video game rabbit hole. Video game content plays a significant role in digital entertainment and is lauded, and sometimes criticised, for its social and economic impact. […]

An application for the PABLO ESCOBAR trade mark, designating multiple classes of goods and services, was recently barred from registration in the European Union, amidst concerns regarding morality and the public’s perception of the mark in Spain. The application was filed by Escobar Inc., the official holding company for Pablo Escobar, founded by his brother […]

Blurb: Africa offers vast potential for businesses that have the right IP strategy to overcome the continent’s complexities. Africa is a continent of growth and opportunity, with the African Development Bank forecasting a steady increase in the continent’s gross domestic product (GDP) from 3.8% in 2024 to 4.2% in 2025, higher than projected averages for […]

Leon Trotsky is supposed to have said “you may not be interested in war, but war is interested in you.”. This may or may not be true in war, but it is certainly true in law. When a person goes into business, they immediately find themselves entangled in law. This is most obvious in the […]

Hippo Advert Found Not Suitable For Children Valentine’s Day for Hippo was slightly unconventional this year. Instead of chocolates, flowers and dinner at a fancy restaurant, it involved onions, petroleum jelly, hot chillies and a decision passed down by the Advertising Regulatory Board (the ‘ARB’), the body responsible for regulating the content of advertising in […]

In September 2018, the Constitutional Court of South Africa unanimously ruled that the personal and private use of Cannabis, by adults, would be decriminalised. This meant that the ban on private possession and consumption as well as cultivation of Cannabis plants for personal use was unconstitutional and infringed on section 14 of the Constitution which […]

We’re fond of the “tool kit” approach to Intellectual Property. This is where we encourage our clients to view IP not through the lens of a set of rights to be obtained for their own sake, but instead as a series of legal tools which can be applied to a number of different situations and […]

Adams & Adams is very pleased to announce the appointment of Dr Joanne van Harmelen as a new partner. Joanne joins Adams & Adams in March 2024, bringing her expertise as patent attorney in life sciences, chemical inventions and plant breeders’ rights to strengthen the firm’s highly regarded patent, design and PBR legal services. “We […]

The Supreme Court of the United Kingdom handed down its judgment on whether a machine (Dabus) powered by artificial intelligence (AI) may be an inventor in terms of the UK Patents Act. The Court was asked to consider two patent applications filed by Dr Stephen Thaler who maintains that the inventions were created autonomously by […]

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 […]

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 […]

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 […]

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 […]

Johannesburg – Dec 11, 2023 – Qualcomm Incorporated announced today, the launch of L2Pro Africa IP e-learning Platform, a free online training program designed to empower startups, SMEs, and researchers in Africa to protect, secure, and maximize their innovations. This program has been created in collaboration with Adams and Adams, Africa’s leading intellectual property (IP) […]

The Ministry of Justice and Attorney general’s Department in Ghana, in collaboration with ARIPO and the Intellectual Property Rights and Innovation in Africa (AfrIPI), hosted a 3-day workshop to promote intellectually property rights and innovation in ARIPO member states. AfrIPI is an international cooperation project funded and directed by the European Union, co-funded and implemented by […]

“What’s in a name? That which we call a rose by any other name would smell just as sweet.” William Shakespeare used this line in his play Romeo and Juliet to convey that the naming of things is irrelevant; however, in our modern fast paced society, driven by brands that are worth hundreds of millions […]

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 African Intellectual Property Organization (OAPI) celebrated the 24th African Technology and Intellectual Property Day on 13 September 2023, under the theme ‘Intellectual Property: Business Competitiveness Challenges’. Stakeholders, such as the member states, used the event as an opportunity to discuss and devise solutions to challenges that their economies are facing. Commemorating the day, Togo’s […]

Africa Copyright and Collective Management Day is celebrated yearly on 14 September to raise awareness of Copyright and Collective Management Rights in Africa. The day was established by the African Regional Intellectual Property Organization (ARIPO) Member States Collective Management Organizations, in collaboration with its partners, such as the International Confederation of Societies of Authors and […]

 Adams Adams Africa · Spinning Plates: Navigating new food label requirements in South Africa

The High Court of South Africa Kwa-Zulu Natal Local Division, Durban delivered a judgment in a passing off case between Fuel Trailers (Pty) Limited t/a Trailers & Tankers (“Trailers & Tankers”) and St Logistics (Pty) Limited t/a Jikelele Tankers & Trailers (“Jikelele”). The Court found that Jikelele’s use of the ORANGE TRAILER logo was already […]

The Court of the Commissioner of Patents recently handed down a decision which brings long awaited clarity and relief to the patent profession and applicants in South Africa.  The issue before the court was whether an applicant for a patent may request an extension of time within which to publish acceptance of a complete specification […]

 Adams Adams Africa · MIP podcast – The Trade Dress Code: Protection and Stopping Imitation

On 25 August 2023, the Minister for Agriculture, Land Reform and Rural Development (DALRRD) in South Africa issued amended regulations to the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947. These regulations will replace the previous Regulations relating to Agricultural Remedies as Published on 22 September 2006 as amended on 11 July 2008. […]

A company’s intrinsic expertise, ingenuity and savoir-faire are what makes it unique, marketable, and ultimately successful. When combined, these somewhat tenuous qualities, form part of the company’s intellectual property. How then does a company protect them in order to gain and maintain a competitive advantage? Almost anything that a company uniquely does or creates is […]

The South African Government introduced the Intellectual Property Rights from Publicly Financed Research and Development Act No. 51 of 2008 (the IPR-PFRD Act) in order to provide for effective identification, protection and utilisation of intellectual property (IP) emanating from publicly financed research and development (R&D). The IPR-PFRD Act establishes the National Intellectual Property Management Office […]

The much-anticipated 2023 Netball World Cup is headed to Cape Town, South Africa from 28 July to 6 August 2023 and will be the first Netball World Cup to take place on the African continent. Hitting the headlines this week was the news that Discovery has withdrawn Vitality as the title sponsor of the event, […]

Round 3 was decided with Clover winning the war (despite losing a battle along the way) after a favourable decision was recently churned out by the Supreme Court of Appeal (SCA).  Readers may remember that the writer first reported in June 2021 that Clover’s urgent application to interdict the use of STORK BUTTER SPREAD by […]

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that closely resembled iCollege’s registered trade mark resulted in a likelihood of deception or […]

On the 26th of April 2023, the world celebrated World Intellectual Property Day. This annual observance is dedicated to raising awareness about the importance of intellectual property (IP) rights and their contribution to innovation and creativity. This year’s theme, Women And IP: Accelerating Innovation And Creativity, highlights the role of women in innovation and the […]

According to WIPO’s international patent filing statistics, the number of patent applications filed in South Africa in 2022 jumped by 63.9% compared to 2021. The South African Patent Office records indicate that this growth was mostly attributed to foreign applicants, with most originating from China and to a lesser extent, India. Usually, an increase in […]

There are many reasons why a South African entity may want to assign or transfer ownership of their intellectual property (IP) offshore. One reason may relate to the current economic and political instability, whilst others may be motivated to do so in an effort to attract foreign investment. Perhaps you too have considered moving IP […]

Ed Sheeran’s victories continue to multiply, after a New York jury recently ruled that his song, Thinking Out Loud, does not infringe the copyright of well-known American song, Let’s Get It On, written by Marvin Gaye and Ed Townsend. This 100-million-dollar claim was first brought by Townsend’s heirs in 2017 against Sheeran, his records label, […]

Africa is a vast continent and is often underestimated, both from a business but also from a brand protection perspective. Africa’s land mass exceeds that of India, China, the United States and Europe combined. It is also the second most populous continent, with over 1.3 billion people – or about 16.5% of the world’s population. […]

As technology continues to advance, the digital landscape is constantly evolving, presenting new opportunities and challenges for Intellectual Property (IP) law. There have been notable developments involving the interplay between Intellectual Property, Non-Fungible Tokens (“NFTs”), and the Metaverse, since the publication of our previous article on the topic. Firstly, the Hermès v Rothschild case, which […]

Are you aware of the recent Draft Regulations relating to the labelling and advertising of foodstuffs (“Draft Regulations”) which were published for comment on 21 April 2023? If not, read on, as these proposed regulations could have a significant impact on industries and businesses that are concerned with, or involved in, the packaging of foodstuffs. […]

Fashion trends come and go, but for designers who take their creative work seriously, protecting the intellectual property (IP) rights of a design ensures long-lasting value. Entrepreneurs in the fashion industry need to be made more aware of the benefits of obtaining registered design protection for their creative IP. Most tend to turn to legal […]

“you just can’t differentiate between a robot and the very best of humans.” ― Isaac Asimov, I, Robot If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own […]

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 […]

Authors of copyright protectable works retain certain rights despite not being the owners of such copyright By Daniëlle van Deventer The issue of relinquishing copyright ownership in an original piece of writing, an artwork or a musical composition is a complex and delicate issue. Fortunately, South African law provides some guidelines as to what is […]

Trade mark protection is crucial for any brand owner, but it can sometimes create practical difficulties from a business perspective. When new trade mark applications are published by registries, information about a company or a brand owner’s new product or service is necessarily disclosed. As a result, brand owners often have to decide whether or […]

Videotape, Escalator, Trampoline, Laundromat[1]. What do all of these words have in common? They were all once legally protectable trade marks which, due to the way in which they were used, have lost their distinctiveness and since become ‘generic’. But what does ‘generic’ mean? A generic trade mark is a word or phrase that becomes […]

After extensive investigations into a company importing and selling counterfeit branded roller bearings, the Adams & Adams Anti-Counterfeiting Team assisted the HAWKS (SAPS) with simultaneous search and seizure operations in 3 Provinces. More than 1 300 counterfeit branded bearings were seized by the Police during these operations.  Criminal prosecutions and civil claims were instituted. Roller […]

The Advertising and Regulatory Board (ARB) recently handed down a decision holding that the videos posted by comedians Skhumba Hlophe and Celeste Ntuli had breached the code on South African advertising. Hlophe and Ntuli uploaded videos on their Twitter accounts, promoting  South Africa’s national lottery, Ithuba Holdings RF (Pty) Ltd (Ithuba). The videos were part […]

In Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR), the Kenyan Court of Appeal had to determine whether a party had a second right to appeal an appellate decision from the High Court in relation to a trade mark dispute. To recap, this case was […]

On 29 June 2022, the Assembly of the Republic approved the new Copyright Law of Mozambique, Law 9/2022. The new law came into force on 26 September 2022. The new Copyright Act is aimed at promoting and safeguarding the protection of literary, artistic and scientific works.  The scope of  works eligible for protection has been expanded […]

The Constitutional Court declares provisions of the Copyright Act unconstitutional The Constitutional Court of South Africa has declared the Copyright Act unconstitutional to the extent that it limits or prevents persons with visual and print disabilities from accessing works protected by copyright, in ways that persons without such disabilities would be able to access. In […]

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 […]

Ambush marketing and the 2022 Rugby World Cup Sevens With the upcoming Rugby World Cup Sevens being hosted at the Cape Town Stadium (purpose built for the 2010 FIFA World Cup), one cannot help but think back to the FIFA World Cup and the ambush marketing tactics on display before and during the tournament. While […]

A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line. The advert, which has already garnered over half a million views on YouTube alone, is a parody of OUTsurance’s “saver” advertisements that appears to spoof the original advertisements that featured […]

What are the boundaries when it comes to registering the name of a place, country, city or town as a trade mark? This is the question that the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) is set to decide when it hears its first ever oral appeal in a matter […]

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 thorough investigations by the firm’s internal private investigators, the Anti-Counterfeiting Team of Adams & Adams recently collaborated with the HAWKS (SAPS) in two provinces to clamp down on syndicates dealing in counterfeit engine lubricant and oil products. In the first operation in Gauteng, the team managed to identify and take down a manufacturing facility where […]

It has been just under a month since the Department of Agriculture, Land Reform and Rural Development released a directive warning that certain meat analogue products are in contravention of local regulations relating to the packaging and labelling of processed meat products in SA (Regulation 1283 of 2019) in that they bear product names reserved […]

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 […]

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 […]

The registration of trade marks under the Trade Marks Act, 1993 (Act 194 of 1993),  can be vital to the success and protection of your brand. In South Africa, a trade mark is registered with theCompanies and Intellectual Property Commission (“CIPC”), beingthe national authority that is responsible for the national trade mark register for South […]

It goes without saying that it is extremely important to protect your brand and the trade marks signifying it. Registration of your trade marks will serve to deter potential infringement and will offer an easy remedy in instances of actual infringement. Registering your trade marks correctly and securing adequate protection can, however, be a daunting […]

A trade mark is a sign capable of distinguishing the goods / services of one entity from that of another.  In other words, it is allows for a product or service to be identified as belonging to an individual or business and functions to distinguish the particular goods / services from those of others in […]

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 […]

Since 2021, we have seen the rise and rise of NFTs (non-fungible tokens). The NFT boom has been powered by the sale of NFT artwork, the first-ever tweet on Twitter and even popular memes, which have all fetched a pretty penny. The hype following the minting and sale of some NFTs has also brought into […]

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 […]

Thinking of a new brand name? There is a chance that the name you are thinking of using for your new business might not be protectable or that the use thereof can get you into a legal dispute.  There is a lot at stake when making this decision. You may find yourself in a position […]

Once you have conceived or developed an invention, it is time to patent that invention. However, the patenting process can be time consuming and complicated. It is advisable to consult and hire a patent attorney to assist you with the patent registration process. Even though your patent attorney will have the necessary skills, knowledge, and […]

It is advisable for an inventor to acquire a patent when creating or designing a new invention. By obtaining a patent, an inventor can be sure that their invention is protected against others making use of, selling, manufacturing, advertising, or importing the invention without permission from the patent holder. In order to acquire a patent […]

In 2018 the Constitutional Court of South Africa ruled that personal and medical marijuana use in South Africa was deemed to be legal, with the Court directing the South African government to put in place the necessary legal framework to give effect to the Court’s decision within 24 months of the judgement. Unfortunately, the government […]

South Africa, just like many other countries, has a set of legal provisions pertaining to subject matter for which patent protection may not be obtained. For example, and relevant for present purposes, in terms of section 25(11) of the South African Patents Act (“the Act”), inventions which are directed to methods of treatment on the […]

It is no secret that trade secrets are very valuable intellectual property on which a business empire can be built. Simply look at KFC’s classified blend of eleven herbs and spices; Coca-Cola’s famously secret recipe; Google’s search algorithm; or any well-known perfume. Almost like the plot of a great spy film, trade secrets, their value […]

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 […]

In August 2017, the Minister of Health issued updated General Regulations (“the Regulations”) in terms of the Medicines and Related Substances Act 101 of 1965 (“the Act”). This introduced the category of “complementary medicines”, the definition of which included, inter alia, aromatherapy and homeotherapy products and, under the sub-category of health supplements, vitamins, minerals and […]

Jan-Harm Swanepoel recently represented the interests of a client and the firm in securing an order from the High Court for the imprisonment of a Respondent based on a Contempt of Court Order. The First Respondent embarked on a series of serious intimidating, threatening and defamatory conduct against a client of the firm and even […]

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 […]

Dear Clients and Colleagues, On the 26th of April 2022, the Kenyan Anti-Counterfeit Authority (“ACA”) published Public Notice, No. 1/2022, in which it announced a deadline for the recordal on the Anti-Counterfeit Authority Integrated Management System (“AIMS”) of all goods bearing Intellectual Property Rights being imported into Kenya. That Notice required that all Intellectual Property Rights Holders to record […]

INTRODUCTION South Africa has a biodiversity of 10% of the world’s plants; 7% of the world’s reptiles, birds and mammals and 15% of known coastal marine species. Over and above, South Africa is a rich source of traditional knowledge concerning the use of biological resources for the healing of ailments and the like. (Bioprospecting Regulatory […]

It is a well-known fact that counterfeit and illicit goods trade is causing an immeasurable harm to an already struggling South African economy. In 2019, his excellence President Cyril Ramaphosa in particular acknowledged the severe negative impact that this phenomenon has on the local economy and pledged that government would do more in an attempt […]

Adams & Adams participates in the Experiential Learning Programme for SSE patent examiners The Department of Trade and Industry’s draft Intellectual Property (IP) Policy of South Africa seeks to provide a co-ordinated approach on IP matters by the national government through the implementation of structural and legislative reforms within South Africa’s IP landscape. As part […]

In October 2021, Meta shared a video on YouTube entitled “The Metaverse and How We’ll Build It Together — Connect 2021”.[1] Around this time, the company also announced its rebranding from Facebook to Meta.[2] The new company name seemingly signifies its focus on building the Metaverse. In the said video, Mark Zuckerberg refers to “an […]

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 […]

“There are only so many notes and very few chords used in pop music – coincidence is bound to happen if 60 000 songs are being released every day…that’s 22 million songs a year and there are only 12 notes that are available”. Ed Sheeran’s words certainly ring true, in light of the momentous victory […]

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 […]

The recent news reports of a manufacturing facility found to be selling counterfeit washing powder, have reignited concerns about the extent of the counterfeiting industry in South Africa. When you mention the word “counterfeit goods”, most people think about a few counterfeit sneakers or handbags making their way into South Africa in a container or […]

Intellectual Property in Universities Intellectual property (IP) plays a critical role in research and education, both of which form the foundation of any university.  No matter the type of IP, and irrespective of the complexities involved in the creation of such IP, universities have the uncanny ability to produce an array of mind-blowing forms of […]

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 […]

Copyright infringement hearings have certainly taken on a new meaning, after well-known musician, Ed Sheeran, recently performed bars of his hit, Shape of You, before the High Court in London in an effort to prove that portions of the chart-topper were not copied from an existing musical work. Mr. Sheeran is currently embroiled in a […]

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 a recent ruling relating to the well-known “Please Call Me” (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered the defendant to go back to the drawing board and recalculate the amount of compensation that it believes should be paid to the plaintiff, being a former employee who has […]

Trademark infringement is when you make unauthorized use of a trademark that is identical or confusingly similar to the trade mark of another person. It is extremely important to ensure that you conduct a search of the register and the trade before finalizing any logos, slogans, names, or other forms of marks to ensure that […]

A trade mark registration affords the owner thereof the exclusive right to use it in relation to the goods / services covered by the trade mark registration. Unless a trade mark owner consents, or provides a license, to the use of a trade mark by a third party, use of a trade mark owner’s trade […]

In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put, an NFT is a digitally stored asset in which the subject can vary from art to music and all forms of media in-between. The co-founder of Twitter has gone so […]

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 […]

In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this case was The Procter & Gamble Company, or P&G, […]

When starting a business, protecting that business and giving it the best chance at succeeding should be at the forefront of your mind. One of the aspects of ensuring that your business has the best chance at success is registering a trade mark. A trade mark registration goes a long way in protecting your business, […]

Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles.  The trial took place in May 2020 and was the first trial concerning intellectual property to take place virtually in South Africa. Sports bars and nudge bars […]

Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity?  This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in September 2021.  The case involved the Federation Internationale […]

In a recent order by Gauteng Division of the High Court, the South African Bureau of Standards (SABS) was awarded damages for the unlawful use of its certification trade mark by a supplier of sanitisers and disinfectants. The SABS became aware of the manufacturer falsely using the ‘SABS Approved’ certification mark on its sanitisers and […]

You First Mobile (Pty) Ltd instituted an action against Microsoft (Pty) Ltd for infringement of its South African patent.  Microsoft in turn brought an interlocutory application against Your First Mobile to (1) compel You First Mobile to furnish it with the prescribed particulars of search reports issued in foreign jurisdictions in respect of foreign patent […]

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 […]

Cannabis (which has many names in South Africa, including “dagga”, “grass”, “boom”, “dope”, “skyf”, “weed” and “Durban poison”) is South Africa’s most  commonly used drug. It is cheap, and apparently freely available if you know where to look. In 2018, our Constitutional Court ruled that the use of cannabis was legal for personal and medical […]

The purpose of a trade mark is to distinguish one business from that of another and it, in effect, provides a business with protection from third party infringement or copying. This is because, if two entities operating in the same trading channels use identical or similar branding consumer confusion could occur in the trade. As […]

Recently, South Africa obtained notoriety in its patent office being the first in the world to grant a patent in which an artificial intelligence (AI) is identified as the inventor (the South African Patent). As is widely known, the South African patent office does not examine patent applications substantively.  Patent applications are only examined for […]

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 […]

Prejudice lurks in expediting grant of patents based on local formality examination alone Recent reports of a sharp increase in the number of South African patent applications that are being filed along with requests for expedited acceptance brings to mind the well-known fable of the tortoise and the hare. The hare, confident in the superiority […]

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 […]

The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products are regulated by the Agricultural Product Standards Act, 1990 (“the Agricultural Act”), confirming a change in approach in applying […]

The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Judge Fourie sitting as Commissioner of Patents recently handed down judgment wherein an interim interdict was […]

It has been widely reported in the National Law Journal that hundreds of applications have been filed with the U.S. Patent and Trademark Office attempting to register marks incorporating the word COVID since the pandemic began last year. Some of the examples of applications that have been reported are COVID-19 VIRUS FREE GUARANTEED for apparel […]

THE APPEAL BOARD APPOINTED IN TERMS OF S 42(2) OF THE PLANT BREEDERS’ RIGHTS ACT, 15 OF 1976 DECISION In the matter between: AGRICULTURAL RESEARCH COUNCIL (“ARC”)                                               Appellant and REGISTRAR OF PLANT BREEDERS’ RIGHTS (“the Registrar’)           First Respondent SUNKIST GROWERS INC (“SGI”)                                                       Second Respondent   ORDER On appeal from a decision of the Registrar of […]

In January 2019, the Statute Law (Miscellaneous Amendments) Act of 2018 was enacted by the Parliament of Kenya to introduce some amendments to various intellectual property legislations including the Anti-Counterfeit Act of 2008 (‘the Act’). Amongst others, the name of the Anti-Counterfeit Agency was changed to the Anti-Counterfeit Authority and, most importantly, the Act made […]

In what can best be described as a robust and “no bars held” move, Russia has declared that champagne producers must now include the designation “sparkling wine” on their Champagne products manufactures for export to Russia. To add insult to injury, only locally-produced (in Russia) sparkling wine manufactured according to the traditional champagne method (but […]

In the past few days, there has been extensive reporting, globally, heralding the South African Patent Office (administered by the Companies and Intellectual Property Commission, or “CIPC”) (“Patent Office”) for having been the first patent office in the world to have granted a patent for an invention that was created by artificial intelligence (“AI”). The […]

Why use of unlicensed online images may constitute copyright infringement. All original images and photographs attract

Adams & Adams is delighted to announce that it is the only law firm globally to have a lawyer recognised in all three categories of the World Intellectual Property Review (WIPR) Diversity 2021 publication. Congratulations to the female partners, Mariëtte du Plessis ( listed as one of 60 Influential Women in IP) and Nishi Chetty […]

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 […]

In a new regular series on WTR, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. To do this, we speak with local experts to identify the physical marketplaces that brand owners may want to monitor as part of their global anti-counterfeit enforcement efforts. This week, we focus on […]

The British & Irish Lions have arrived in South Africa! However, they touched down amid the country’s third, and seemingly worst, wave of Covid-19 infections. The Lions will face the Springboks in three rugby tests from 24 July and although South African Rugby President Mark Alexander has announced that he is confident that the scheduled […]

Round 1 in the butter brawl between Clover and Siqala (known to me and you as Stork) went to Siqala according to AJ Nyathi who found that the application brought by Clover was not urgent, but rather contrived and lacking justification.  He was, however, only referring to the issue of urgency and in relation to […]

Trade Marks and Copyright are arguably the most commonly known forms of Intellectual Property. This article looks at a few of the pertinent differences between these types of Intellectual Property. What is protected under Trade Marks and Copyright? Trade mark protection extends to any brand, including brand names, logos, shapes, colours, signatures, words, letters, numerals, […]

During the global COVID-19 pandemic, governments around the world implemented national lockdowns to contain the spread of the virus. As a result, borders were closed to passengers but specified cargo and retail goods for certain essential products and supplies were permitted. Despite these unprecedented restrictions on movement for people and freight, criminals have been one […]

The Uganda Registration Service Bureau (URSB) has 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 […]

 “… the more he got away with it, the more he did it…” Daniel Golden, investigative reporter and author of The Price of Admission The seizures of large numbers of counterfeit goods and consignments are regularly communicated in statistics and annual reports on enforcement efforts. Despite this valiant and ongoing work by authorities to combat […]

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 […]

Although the Zimbabwean Registry 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 as ZIPO is now running on a limited staff complement. The Controller of Patents, Trade Marks & Industrial Designs has however assured practitioners that the […]

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 […]

Intellectual property assets are vital for creating shareholder/stakeholder value and can oftentimes be more valuable to a business than tangible assets. Intellectual property value will vary from business to business. To recap from our previous article that elaborates on the types of intellectual property, IP law protects intangible assets such as patents, design, trade mark […]

ARIPO has actively been engaging with Registries across the globe over the past couple of months, as well as embarking on new projects and training sessions with others. In particular, there have recently been active projects between ARIPO and the European Union Intellectual Property Office (EUIPO), as well as ARIPO and the United States Patent […]

The considerable diversion of consumers from shopping malls to online trading platforms, further driven by the Covid-19 pandemic, presents huge challenges to authorities in stopping unlawful goods from being distributed. Amazon took welcome initiative last year when they filed two separate joint US law suits with Valentino and KF Beauty against 4 companies and 16 […]

Anti-counterfeiting legal advice is sought out by any person, or entity, whose intellectual property right has been infringed upon. These parties include authorised intellectual property right owners, licensees, importers, exporters, distributors or other authorised agents. The intellectual property rights that are protected by the Counterfeit Goods Act include registered trade marks, copyright, and well-known (yet […]

The well-known RocoMamas restaurant chain has taken Rack ‘n Grill, a small food truck business in Cape Town, to task about the infringement of its registered trade mark SMASHBURGER. Rack ‘n Grill, in their menu, has a burger called the “Smash Burger”. RocoMamas recently sent a letter to the owner of Rack ‘n Grill, demanding […]

The introduction of enabling technology like artificial intelligence (AI), machine learning, big data, and robotics has made it possible for small and medium sized enterprises (SMEs) to bring unique and innovative ideas to market quicker than ever before. However, to ensure that SMEs can effectively capitalise on ideas and innovations, Intellectual Property (IP) needs to […]

Trade secrets are valuable, confidential intellectual property known only by a limited number of persons. A trade secret can be anything from a formula, to a recipe, that gives a company a competitive advantage. The unauthorised disclosure of this confidential information constitutes a violation of the trade secret, and legal action can be taken against this. […]

A trade mark is an asset and will, through use over a period, accrue a value which will be taken into consideration in the event of a sale of a business and/or transfer of ownership.  One can secure the registration of a trade mark, if it meets the registrability criteria in that it can distinguish […]

In March 2021, the China National Intellectual Property Administration (CNIPA) proposed a plan to address trade mark piracy or squatting in China. According to the CNIPA, the plan is intended to promote IP rights and foster an environment that lends itself to innovation and business by combatting, amongst other things, the malicious registration of trade […]

A shake and protein bar that will reduce wrinkles in 28 days, improve my skin’s elasticity, firmness and hydration, improve my nail strength, reduce the appearance of cellulite and assist in weight management – sign me up! These were some of the claims being made by Future Life in respect of its BEAUTI FOOD nutritional […]

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 […]

Although 3D printing technology has been in existence for several decades, its recent proliferation makes it clear that never before as much as now, has this technology presented as acute a challenge to to Intellectual Property (IP) laws and rights holders, and to traditional manufacturing practices. The prolific rate at which 3D printers are being […]

Hot on the heels of the Jerusalema Dance Challenge that took the world by storm last year, a new challenge is developing for some organizations that uploaded videos online showcasing their brands and workforces dancing to South African DJ Master KG’s global megahit, ‘Jerusalema’, without permission from the rights holders to do so. Recent media […]

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, […]

Sources:  Copyright Amendment Bill an issue for trade between SA and US (businesslive.co.za) Copyright Amendment Bill: US Trade Representative to review SA’s Preferential Trade status – Tech4Law The much-awaited analysis of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill has been seemingly frozen since December 2020, and there has not yet been any […]

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 […]

Pursuant to the provisions of the Somali Trade Mark Law No. 3 of 22 January 1955, and its amendment by Law No. 33 of 18 January 1975, the Somali Trademark Office (TMO) has recently introduced examination and publication processes on trademark registrations. Thus, the application for the registration of trade marks has resumed in Somalia, […]

IP law gives individuals and businesses property rights to their original works, so that they can profit from their ideas and inventions exclusively and receive the recognition that they deserve. Types of Intellectual Property Explained Patents A patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented […]

The coronavirus pandemic that has gripped the world and paused life in an unprecedent manner has infected over  millions of people worldwide with well over a million deaths and counting. South Africa has shown a highly positive recovery rate of 90%, and in many ways we feel we have beaten the virus. The global impact of […]

Innovations in electronic, mechanical and software technology are a dynamic and increasingly growing field, and as such protecting these inventions should be handled by a patent team who not only understands the market but has the technical expertise and experience for the most successful outcome. Local client-based solutions The Adams & Adams Information and Communications […]

South Africa has a very active, and deeply rooted, chemical, metallurgical and process engineering industry that continues to contribute significantly to the country’s GDP. This provides fertile ground for market focused research and development work and, in this space, new technologies are therefore developed and commercially exploited at a rapid pace. Patent protection holds significant […]

Protecting one’s rights to intellectual property in Africa is often regarded as overwhelming and complicated, due to differing legal requirements and a perceived lack of capacity in certain jurisdictions. A team that has African expertise and experience in patent and design filings and prosecutions in multiple jurisdictions across the continent can make this an easier […]

A patent provides the right to exclude others from making, using, exercising, disposing of (selling), offering to dispose of (offering for sale), or importing the patented invention for the term of the patent. When this right is infringed upon by others without permission, litigation may ensue. Patent litigation can be costly, complicated, and time-consuming to […]

Biotechnologists work tirelessly to improve our quality of life.  Never has this been more evident than in the current global health crisis that we face.  Their inventions address some of the world’s greatest challenges. Advancements in medicine, surgical procedures, food science, and agriculture, amongst many others, stem from innovations and technical achievements in this field […]

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 […]

Virtual reality has been on the rise in the past years and is a growing and dynamic area of technological advancement and development. In 2020, through necessity, many of us have found ourselves conducting various aspects of our lives, everything from business meetings to birthday parties, through virtual platforms. In the mainstream, we have seen […]

As legally-binding protection over original works, copyright can be enforced by intellectual property (IP) attorneys, who can also assist those looking to become copyright owners. An IP attorney will be able to guide clients through application and action proceedings, as well as interdicts and royalty claims. Copyright Types The following ‘work’ can qualify for protection […]

South Africa abounds with talented people, and amongst these are designers. With our unique variety of cultures, South African designers are highly regarded both locally and internationally and many of them have exhibited and sold their products abroad. Design is a broad concept that may be applied in various ways. It can be applied to […]

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. […]

Covid-19 In the past couple of months, the global population has not only proverbially had their eyes glued on the Covid-19 pandemic, but also their bodies glued to their chairs, at home. In combating the virus, governments have put in place lockdown regulations which have kept the populace homebound. The lockdown regulations imposed by most […]

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 […]

88% of the respondents in the Savile Row Workplace survey published in October 2020 would prefer to either work from home or a combination of both. A few days ago, Microsoft a permanent work from home option with its staff. Despite this, 67% of the respondents in the survey have not changed work policies or […]

NIGERIA ratified in 2019 what is considered to be one of the biggest free trade agreements ever, the African Continental Free Trade Agreement (AfCFTA).  The agreement has been ratified by more than 50 countries on the continent, the aim of which is to encourage trade relations. The Agreement facilitates reductions in duty and exchange rate […]

COVID-19 has had an impact on most businesses.  Over the last year, businesses have been grappling with the impact that COVID-19 has had on their operations.  Intellectual property, and specifically trade marks, has taken a backseat to more pressing concerns.  While this is understandable, it does help to remind ourselves why intellectual property, and particularly […]

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 […]

What is a license? A license agreement is a type of contract in which the proprietor of intellectual property would grant to a user or licensee the right to use that intellectual property.  The relevant intellectual property could, for example, include patents, registered designs, trade marks, copyright, know how and the like, either individually or […]

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 […]

Copyright protection and the laws surrounding copyright infringement are governed by the Copyright Act of 1978. Copyright is the legal protection of certain classes of original work. The owner of the copyright is given the exclusive right to utilise their original work as they choose, with sole authority to permit others to use it. Copyright […]

In an article of ours of earlier this year, we discussed the administrative rejection, by the European Patent Office (EPO), of two patent applications, both in the name of Dr Stephen L Thaler, initially for not naming any inventors and, thereafter, for naming an artificial intelligence (“AI”) system (named “DABUS”) as the inventor. As we […]

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 […]

On 31 August 2020, companies in the McDonald’s group filed a lawsuit against the Hungry Jack’s franchise in the Australian federal court. The Hungry Jack’s chain, founded by fast-food mogul Jack Cowin in 1971, consists of approximately 400 stores across Australia (in comparison to McDonald’s estimated 970 stores). These conglomerates have had a tenuous relationship […]

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 […]

Tanzania is well known for having an economically active agricultural sector, an abundance of natural gas and of course home to the brilliant blue precious stones. In June this year, a local small-scale miner became an instant millionaire after selling two rough Tanzanite stones to the Government for $3.4m. The gemstones has a combined weight of 15kg (33 […]

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 […]

Gucci, Versace, Prada, Valentino, Fendi… These are among some of the most elite and luxurious fashion brands in the world. They are brands which have been strategically exploited and brands which have been turned into gold mine assets for their respective fashion houses. As you might expect, intellectual property in fashion is important to understand […]

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 […]

For a continent so rich in culture, music and creative works, surprisingly little is published about copyright law on the African continent, outside of South Africa. Despite much of it being in dire need of updating and reform, most African countries do have copyright legislation, however. This form of IP protection can be an incredibly […]

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 […]

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, […]

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 […]

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 […]

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 […]

Software patents have often been a divisive topic amongst technology companies and patent attorneys alike.  This is certainly true in South Africa, but it is also a little more confusing here as we don’t have any reported cases on the topic to provide us with guidance or a set of rules for determining when, and […]

TikTok, the social network and video sharing platform of the moment, is being sued for patent infringement.  Rival Triller (less well-known than TikTok to many) has filed a patent infringement lawsuit in the USA for a video-related patent.  The patent in question is US Patent No. 9,691,429. Patent documents can get pretty technical, but this […]

Facing mounting pressure from major retailers and the public, the Washington Redskins NFL franchise finally announced that it will be retiring its controversial Redskins name and logo. The team’s name has been widely contested, with a decades-long campaign from Native American groups, describing it as a “dictionary-defined racial slur”. While the possibility of a team […]

A geographical indication is defined in the TRIPS Agreement as an indicator that identifies a particular product as originating from a particular region or locality, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Examples of such indications are Champagne, Tequila, Karoo Lamb and Rooibos. These […]

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 […]

As first published in SAIIPL’s IP Briefs (Vol 2, Issue 7) August 2020. On the 22nd June, with the announcement of President Ramaphosa’s decision to refer the Copyright Amendment Bill (the “Bill”) and the Performers’ Protection Amendment Bill back to Parliament, a highly controversial legislative package that was railroaded through Parliament came to a screeching […]

Well-known musician Neil Young is suing the presidential campaign of Donald Trump, calling on the campaign to stop all use of his music at Trump rallies. These songs include “Devil’s Sidewalk” and “Rockin in the Free World”. Mr. Young is apparently of the view that Trump’s campaign has no “free world” spirit at all, but […]

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 […]

“.com” domain names comprising generic words, such as booking.com, are very valuable pieces of online real estate. The question is whether these highly sought after generic.com domains qualify for registration as a trade mark. This was an issue recently decided by the Supreme Court of the United States. Booking.com, the well-known digital travel company which […]

In 2018, the Namibian High Court issued a decision in favour of the Applicants, Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant), on the basis of passing-off and copyright infringement, against Sun Square Hotel (Pty) Limited (Respondent), a Namibian company. The First Applicant, Southern Sun Africa, a Mauritian company, […]

The COVID19 pandemic has impacted quite dramatically on the operations IP and other government offices in Africa and the rest of the world. Most Trade Marks Registries that have suffered intermittent closures and other interruptions due to national lockdowns or COVID-19 protocols have made provision for the extension of procedural deadlines on pending cases to […]

The Madrid system, which makes provision for international trade mark registrations (“IRs”) filed through the World Intellectual Property Organization (“WIPO”), is considered to be a one-stop solution for the registration of trade marks worldwide, and serves as an alternative to individual national applications. Although the Madrid system has many benefits, some risks accompany this system. […]

It was recently reported by News24 that the Ministry of Higher Education, Science and Technology has indicated, somewhat in passing, that it will be reassigning funds toward researching the possible efficacy of traditional medicines against Covid-19. Traditional medicines form part of that body of information which is commonly referenced in the intellectual property community as […]

Whether you are an 80s, 90s, or now kid, you are likely to have fond memories associated with practising and perfecting the “pointy S” symbol. Although the origins of the “pointy S” symbol are not quite known, the “pointy S” symbol has now been registered as a trade mark in the United States Patent and […]

We previously reported (here) on the initial decision by the World Trade Organisation (WTO) to uphold legislation in Australia which implemented mandatory plain packaging in relation to tobacco products, as well as the looming implementation of similar legislation in South Africa. The initial decision of the WTO was published in June 2018. It was subsequently […]

There can be no denying that online shopping has been a blessing in disguise during these unsettling times. Not only has it provided a way to purchase necessary goods during lockdown, it has provided some much-needed online retail therapy from the comfort of your own home. It has further proved to be a useful mechanism […]

Whilst cryptocurrency may have existed since 2008, in the last few years it (along with the technology that underpins it, the Blockchain) has penetrated the public consciousness like never before. Blockchain technology was and is lauded for its transparency and its ability to decentralize the transmission of information. These are desirable conditions for the creation […]

Intellectual property (IP) assets, although intangible and invisible, are financially quantifiable. This means that they can be traded and commercialised. Intellectual property exchange control regulations govern limitations on the purchase and/or sale of IP assets. Intellectual property exchange control oversees sales, outsourcing, joint ventures, technology transfers, development, service arrangements or other related transactions involving outward […]

Adams & Adams Partner and Chairman, Gérard du Plessis, represented the Liberty Group in the judgment they won in the Johannesburg High Court earlier this month against Discovery Vitality. Not only was the judgment ground-breaking when it comes to trade mark law, but it has interesting implications when it comes to comparative advertising. In plain […]

Manchester- based businessman Georgios Demetriou of Licence to Thrill Ltd (“the Applicant”) recently applied to register the phrase “BLACK LIVES MATTER” under trade mark application no. 3497647 and “I CAN’T BREATHE” under trade mark application no. 3497640 at the United Kingdom Intellectual Property Office (UKIPO).  These phrases are associated with the current worldwide protests following […]

The Copyright Amendment Bill (“the CAB / the Bill”) has caused much debate and controversy in the protection of Intellectual Property rights in South Africa. One of the main points of contention is the fair use policies the CAB seeks to implement, which are similar to the fair use policies incorporated in United States (“US”) […]

The national lockdown, due to the worldwide COV19 pandemic, has had negative consequences on many businesses. This has led to people having to think outside the box to make ends meet, some of these ideas being to explore the possibility of new entrepreneurial ventures. While considering which business opportunity to spend your time on, it […]

Introduction COVID-19 has completely changed day to day life when it comes to purchasing goods. With online shopping increasingly becoming the “new normal”, it is important for brand owners to conduct full self-reflection on how they do businesses locally and internationally. This includes considering brand protection, brand related risks of running an e-commerce business and […]

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 […]

The outbreak of the COVID-19 pandemic has devastated multiple industries and caused a rapid disruption of global supply chains.  In an effort to curb the spread of the virus, South Africa has, like many other countries worldwide, implemented strict lockdown measures which have restricted people’s movement and brought most commercial activity to a standstill. Many […]

Medicinal product regulation and product liability in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to medicinal product regulation and product liability law in South Africa. The Q&A gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, and […]

Pharmaceutical IP and competition law in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to pharmaceutical IP and competition law in South Africa. The Q&A gives a high level overview of key issues including patents, trade marks, competition law, patent licensing, generic entry, abuse of dominance and parallel […]

Last week, members of the Global Advertising Lawyers Alliance presented a webinar, “COVID-19 & Consumer Protection — Global Advertising in a Time of Crisis,” which summarised some important coronavirus-related enforcement trends around the world. The webinar was presented by Donata Codone from Portolano Cavallo (Italy), Jose Antonio Arochi from Arochi & Lindner (Mexico), Jenny Pienaar from Adams & Adams (South Africa), Brinsley […]

With day (who can remember) of lockdown arriving, your phone chirps excitedly, reporting “your homework” which has arrived for next week, ready to be downloaded and printed in advance.  Yes, best to be prepared! The writer is sure that every parent out there will now be able to update their LinkedIn profile and more specifically […]

There is nothing more frustrating to a trade mark proprietor than going through the effort of securing a judgment in a counterfeit goods case, only for the defendant to use every trick in the book to frustrate the collection of the judgment debt.

In a recent appeal to the High Court in Kenya concerning the THERMOS trade mark, the question whether the Registrar of Trade Marks (“the Registrar”) can revisit a decision previously made was considered.

Albert Einstein once said, “In the middle of difficulty, lies opportunity”. There are no truer words for the current times where the COVID-19 virus has presented great opportunities for many.

The words of Coco Chanel: “If you want to be original, be ready to be copied” ring more true today than ever. According to the 2018 Global Brand Counterfeiting Report, the total value of counterfeit products globally is expected to reach 1.8 trillion dollars in 2020.

Patent attorneys provide guidance, assisting with the patent application process from acquisition to enforcement, and commercialisation. They litigate intellectual property matters and issues, including those for patents in South Africa. How to Patent an Idea It is important to note that in order to be patentable, an idea must be novel.  This means that it […]

There is a common confusion amongst people regarding the difference between a patent and a trade mark. A trade mark typically includes designs, logos, phrases, slogans and names. Patents, however, provide protection for inventions which includes new products, methods, processes, or compositions. A patented item may not be duplicated, made/manufactured or sold without prior consent […]

Due to the COVID-19 outbreak, there is a shortage of Personal Protection Equipment (PPE), hand sanitizers and other disinfectants across the globe. As a result, there has been an influx of counterfeit PPE’s entering African countries which could increase the risk of infection

The World Intellectual Property Organization (WIPO) is the international forum for intellectual property (IP) records and services, amongst others. Having begun operations in April 1970, WIPO was created to protect intellectual property, and the laws that surround it, across the globe. Many expert IP organisations use WIPO to conduct international trade mark searches to ensure […]

Before you adopt a brand name or, in essence, a trade mark  for your product or service offering it is important to understand the meaning of a trade mark, the different types of trade marks and what your legal rights are once it you have managed to secure registration for your trade mark. What Is […]

JK Rowling recently announced a relaxation of the copyright licence terms usually associated with the series of Harry Potter books, thereby allowing teachers around the world to record and post videos of themselves reading the books.  The intention is for children who are unable to go to school to continue to enjoy the magic and educational benefits of the famous wizard’s adventures, from the confines of their homes.

Amid the outbreak of the COVID-19, many countries around the world implemented various drastic measures to curb the spread of the virus. South Africa, with the highest number of reported cases in Africa, was forced to effect such measures, inclusive of a national lockdown, in order to save lives, albeit economic repercussion of these measures.

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.

The South African cannabis market is poised to take off and local entrepreneurs should move industriously to secure their place in this prospective industry, says Pieter Visagie, Partner and Patent Attorney at law firm Adams & Adams.

If your EU marks proceeds to registration before the end of the transitional period, you will automatically be granted mirroring UK national rights. On the other hand, if your applications are still pending at the end of the transitional period, you will have 9 months within which to apply for a mirroring UK application.

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

The Supreme Court of Appeal recently delivered an interesting decision dealing with copyright infringement in cinematographic films. What makes the decision particularly noteworthy is the detail the court went into in analysing what constitutes a cinematographic film and determining the elements that make up a cinematographic film.

The European Patent Office (EPO) has finally been given, and has taken, an opportunity to pin its colours to the mast on the question of how it would interpret its legal provisions, as they stand, on the naming of inventors in cases where inventions are asserted as having been created by artificial intelligence (AI).

Is Inventiveness a Matter for Experts? Sandvik v Outokumpu OYJ & another (879/2018) 2019 ZASCA 115 (18 September 2019).

The dispute that first piqued my interest in intellectual property law was between The Rolling Stones and The Verve over the song Bittersweet Symphony in the late 1990s. Richard Ashcroft from The Verve, sampled a few seconds from a song by The Rolling Stones to make up the distinctive string melody that plays throughout the track […]

English rugby club Saracens’ relegation from Premiership Rugby for breaches of the salary cap is the big news in the world of sports law this year. Premiership Rugby’s £7m salary cap was breached by Saracens for three consecutive seasons and was fined £5.3m and docked 35 log points. Saracens will now play their rugby in […]

On the 28th of January 2020, the Association for Alcohol Responsibility and Education (Aware.org) launched the new Code of Commercial Communications (“new Code”). It replaces the previous Code of Commercial Communication of Aware.org’s predecessor, namely the Industry Association for Responsible Alcohol Use (ARA).

Filling the gaps present in the Consumer Protection Act (CPA) 2008, the Franchising Association of South Africa’s (FASAs) will regulate the relationship between franchisors and franchisees going-forward.

A recent decision concerning a functional design registration registered in terms of the Designs Act 195 of 1993 was handed down by Acting Judge Millar in the High Court, Gauteng Division, Pretoria.

Back in the day, young gamers used to immerse themselves in games such as Street Fighter, Super Mario, Cadillacs and Dinosaurs, and Tomohiro Nishikado’s Space Invaders. Nowadays, gamers battle it out in a game of FIFA, God of War, and Fortnite, in the hopes of becoming the next Kyle Giersdorf, winning $3 million in prize […]

Over the past year or so, a surprising number of international brand owners have come under fire for offensive marketing campaigns, products, and brand names. Kareema Shaik, Senior Associate at Adams & Adams, on drawing the line between interesting and offensive branding.

The 7th annual Adams & Adams Africa IP Network Meeting took place in Pretoria, South Africa recently, providing a unique opportunity for agents, practitioners and registrars from across the continent to share experiences, challenges, progress and learnings on intellectual property prosecution and litigation in their respective jurisdictions and regions. The meeting was overshadowed by the […]

Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope […]

Dance as a copyright-protected work came under the international spotlight over the last year in the USA.

Hya Matla Organics has found a way to deal with a plant that is choking Africa’s waterways, and Adams & Adams is leading the charge to protect their invention worldwide.

While protecting one’s IP can be quite a costly exercise, it is nothing compared to the cost of trying to get it back.

The South African Advertising Regulatory Board (ARB) will soon issue a set of local guidelines on acceptable social media marketing and advertising, including brand promotion through the use of influencers.

A popular South African musician, Daniel Baron, has accused the international dance music superstar David Guetta of plagiarising the melody from one of his singles. In September 2018, Guetta released Light Headed, featuring Australian singer Sia. Baron claims that the melody is nearly identical to his own 2016 hit single, Children of the Sun. Renowned […]

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 […]

You’ve come up with a great new idea and believe you’re the first person in the world to have that idea. As you start planning world domination, you consider whether you can patent your invention. Patents protect new inventions and give the owner a 20-year head-start as it gives the owner a right to exclude […]

Author: Nicole Smalberger Nicole Smalberger discusses copyright in tattoos with 702 Talk Radio’s Joanne Joseph. Would it ever occur to you that a third party might be able to claim rights on your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. […]

The demand for software applications, particularly mobile apps has grown at a phenomenal rate in recent years, fuelled in part by the ever growing use of smartphones globally. In 2018, it is estimated that 66% of individuals in 52 key countries will own a smartphone, up from 63% in 2017 (Zenith Mobile Advertising Forecasts). Meanwhile, […]

Who should get credit for an invention which was devised by superhuman AI with little or no human intervention at all. Would it be the original creator of the AI, the AI itself, or can it possibly be the end user of the superhuman AI coming up with the inventive solution?

The rise of blockchain technology, and particularly cryptocurrencies, has influenced various aspects of the global economy and the technological landscape. But while blockchain technology could benefit the patent system, it may also challenge the patent system or hurt its credibility.

For now, the commercialisation of cannabis (apart from hemp) in South Africa is theoretical, since the cultivation and use of cannabis is only allowed in private. However, legitimate commercial opportunities will inevitably shape policy and decisive IP strategies will pay dividends. Choosing a protectable brand from the start is essential!

Do not disclose confidential information, new designs, ideas or inventions without appropriate protection in place – a non-disclosure agreement (NDA).

OMG, OMFG, WTF!?, COOL AF – offensive and inappropriate or effing cool taglines? This is a question that was recently considered by the Advertising Standards Authority of South Africa in Typo Stationery / Kathrine Marsden & Another / 2018-809F. Popular stationery store, Typo, advertised a sparkle ball point pen. The advertisement consisted of an image […]

A Franchise Agreement is a sophisticated form of Licence Agreement.  It is therefore necessary to first look briefly at what a license is and what can be licensed.  The image below sets out the essentials of a License Agreement.  You will note that at the core, it is a contractual business relationship between a licensor […]

Did you know that patent matters in South Africa are adjudicated in a specialised court: the Court of the Commissioner of Patents? The Commissioner effectively has the powers of a High Court judge and the specialised court functions in a very similar way to a division of the South African High Court. The Commissioner has […]

Luxury British clothing brand BURBERRY recently ‘came under fire‘ for destroying clothing items worth more than £28 million (almost R500 million). It is no secret that well-known and highly coveted brands spend millions on advertising, promoting and protecting their brands and Burberry is no different.  Burberry’s history dates back to 1856 and its iconic Burberry […]

While you channel hop between the FIFA World Cup and the tennis you may have noticed that Roger Federer is no longer resplendent in Nike apparel at Wimbledon this year and is now sponsored by the Japanese brand Uniqlo (he still wears Nike shoes though). We were very interested to read the article on the […]

In Part One of this series of articles we introduced the concept of cultural appropriation and provided an explanation of why it sits uncomfortably with most of us. In Part Two we discussed the power dynamics at play and whether that power-balance has been struck in the current IP legislation we see internationally. This article by Myriam […]

Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. A tattoo is an artistic work. If it is original and reduced to a material […]

Author: Kareema Shaik The Namibian High Court recently issued a decision (read the decision here) dealing with passing-off and copyright infringement in the matter of Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant) and Sun Square Hotel (Pty) Limited (Respondent). The Applicants form part of the well-known South African […]

Earlier this year eHarmony Ltd (an online dating website) had one of its advertisements banned by the ASA in the United Kingdom for being untruthful – about love. The advertisement was a billboard on a London Underground platform and read: “Step aside, fate. It’s time science had a go at love.” It was complained to […]

It was reported some time ago that a photographer named Shaun Earl Harris is suing the South African government for an astonishing amount of R2.1 billion for copyright infringement relating to the government’s alleged unauthorised use of a photograph featuring Nelson Mandela that Mr. Harris had taken. Mr. Harris made an impactful statement that got […]

Part one of this series by Myriam Christmann was titled The Thorny Issue of Cultural Appropriation and served as an introduction to the topic in general and introduced the idea that the remedy to widespread cultural appropriation could be achieved through carefully-drafted intellectual property laws. This post is an overview of the developments that led to the […]

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 […]

Author: Jenny Pienaar The commercialisation of pharmaceutical products has become more complex as the competitive and regulatory environment has evolved. Today, regulatory regimes not only aim to protect public health and to ensure that there is robust data to support the safety and efficacy of pharmaceutical products, but also to limit expenditure on pharmaceutical products […]

In the South African context, we are regularly confronted by examples of what is labelled as “cultural appropriation”. What is cultural appropriation and where is the line between cultural appreciation and cultural appropriation? In this guest post (the first in a series of posts on this topic), Myriam Christmann introduces us to the concept and […]

Partner in the Anti-Counterfeiting group at Adams & Adams, Godfrey Budeli regularly uses team sport analogies in describing the purpose and successes of his colleagues’ work. “Why not?,” he counters. “As in football, the success of a team depends on correct team placement, and strong leadership.” It’s his ‘captaincy’ that has once again earned him […]

“Cars have four wheels. Hoodies have hoods. It’s amusing to me when someone says this is an original hoodie. Bro… it’s a hoodie ” @kanyewest If you have opened Twitter at all this week you would have no doubt encountered Kanye West’s latest tweets. His tweets are coming thick and fast, covering his musings on […]

AB InBev offers its patented technology for free to microbrewers after patenting a new brewing innovation The Guardian reports here that AB InBev, the World’s largest brewer, has developed a greener way to put bubbles in beer. This innovation may reduce the company’s CO2 emissions by 5% which is said to be the equivalent to the […]

Jean Bruneau talks fashion and IP with David Tlale At the #IPLiveBlog we love partnering with our clients to provide industry-specific advice and information. When African Fashion International (AFI) asked us to get involved to present a masterclass on IP protection for fashion designers at the recent AFI Cape Town Fashion Week, we jumped at the […]

What role, if any, do intellectual property rights have in discouraging cultural appropriation? Cultural appropriation may loosely be defined as the borrowing of elements from a culture without the consent of people belonging to or observing that culture. Cultural appropriation frequently enters mainstream debate in the realm of haute couture.  This topic is where the […]

It’s the most beautiful object in South Africa – and it’s protected! Thabisa Mjo’s Tutu 2.0 Pendant Light was recently awarded the illustrious #MBOISA title at Design Indaba 2018. It’s easy to see why it won the accolade – a stunning use of both western and African fashion styles. For the story of Thabisa’s design […]

The appellant, Cochrane Steel Products (Pty) Ltd (“Cochrane”), applied for the registration of the mark ‘CLEARVU’ in two classes: Class 6 in relation to “non-electric cables and wires of common metal; metal fences; metal mesh; pipes and tubes of metal; and Class 37 in relation to “building, construction, repair and installation services. The above trade […]

A new political party has just emerged in South Africa and it is called the African Democratic Change (ADeC) lead by Dr Makhozi Khoza. Its new logo (above) has caused some outcry and much attention for the new party for obvious reasons. On the left-hand side is the logo of the ANC and on the right-hand side, […]

Author: Kelly Thompson The Supreme Court of Appeal handed down a landmark decision on Friday involving a trade mark dispute between two of the world’s largest beverage manufacturers, PepsiCo Inc (Pepsi) and Atlantic Industries (Atlantic), a wholly-owned subsidiary of The Coca-Cola Company. This case was not your typical “cola war”, but rather involved TWIST, the […]

How a savvy entrepreneur resurrected America’s “original cream-filled chocolate cookie”. As far as podcasts go, NPR’s Planet Money is right up there with the best! Which is why we were doubly delighted to hear an updated episode regarding the resurrection of the Hydrox chocolate cookie which had a strong focus on the nature of trade mark rights.

Iman Rappetti talks to Partner, Darren Olivier, and Associate, Maureen Makoko, about the upcoming Adams & Adams IP Evening Series, as well as the recent controversy over Basotho designs and well known fashion house Louis Vuitton as a case study. At a recent IP Evening Series event in Soweto, Darren explained that “fashion and crafts are a […]

Hand gestures are a part of everyday life of a large number of cultures and civilizations. People use them to indicate approval, disapproval, pleasure or displeasure with something or someone. It is a shorthand method of communicating. Is a hand gesture a trade mark, or can it even be registered as a trade mark? The […]

Africa needs to develop small and medium sized businesses across the continent. A good vehicle to adopt to substantially contribute towards this initiative, is franchising. This includes adopting successful and appropriate business systems and prudently locating them, so as to as far as possible ensure their success. The plan should commence with a study of […]

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 […]

A Trade secret is information that is useful in the industry and that is kept confidential. It is information that imparts value to its holder and one that provides a competitive edge over its competitors. Should information that constitutes as a trade secret be leaked, it could have a major negative effect on the business. […]

In June 2016, The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act, 20161 (“the Act”) came into force in Zambia. The Act’s preamble indicates that the aim is to: provide for a transparent legal framework for the protection of, access to, and use of traditional knowledge, genetic resources and expressions of folklore […]

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 […]

Pichulik’s ‘bold jewellery, bold women’ recipe garners Maker to Market Award

On 28 March 2016, the new Regulations relating to the Classification, Packing and Marking of Dairy Products and Imitation Dairy Products Intended for Sale in the Republic of South Africa (“the Regulations“) came into effect. The Regulations were issued by the Department of Agriculture, Forestry and Fisheries (“DAFF”), and repeal the previous Dairy Products and Imitation […]

EXPERT FRANCHISE LEGAL ASSISTANCE Strategic structuring and set up of franchise systems Protection of intellectual property including: registration of trade marks/brands copyright advice patent and design advice know how and trade secret advice Advice on the Consumer Protection Act Preparation of business focused competent franchise agreements Review and updating of disclosure documents Auditing and updating […]

Beyoncé may have drawn further attention to his name when she endorsed his luxury designs in a blog post on Saturday, but Laduma Ngxokolo says the brand boost is only one step in the right direction. These were his comments to John Robbie on 702 after being asked about the ‘shout out’ by the pop […]

In this case Cochrane Steel Products sought an interdict against the M-Systems for bidding on its brand name CLEAR VU as a Google Adwords search keyword. The applicant did not have a trade mark registration for its mark and accordingly relied on unlawful competition. Specifically, it alleged passing off and a new species of unlawful competition, […]