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...
Patents
Patent Law for Beginners
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...
Patent Search: A Brief Explanation
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...
Budding Breeders – Cannabis and Intellectual Property Rights
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...
COSMETIC ON THE FACE OF IT? PATENTABILITY OF METHODS OF COSMETIC TREATMENT PRACTICED ON THE HUMAN BODY IN SOUTH
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...
BIOPROSPECTING IN SOUTH AFRICA
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...
Adams & Adams participates in the Experiential Learning Programme for SSE patent examiners
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...
Matter over mind – The advisability of concluding agreements in writing re-emphasised
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...
South Africa – The Value of a Patent in South Africa (Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP
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...
Maxe (Pty) Ltd v Artav Stainless Steel CC: Design Registration Infringement – A Refresher of Old Lessons Learned
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...
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