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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 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

“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 […]

In my previous post on blockchain technology I suggested that the impact of blockchain technology on society will be enormous. While there are a number of skeptics out there dismissing the potential impact out of hand, I would argue that criticising blockchain technology is akin to criticising the alphabet. In its time the invention of the alphabet had […]

At IPLive, we love start-up success stories – especially when that success involves a client of Adams & Adams. In this case, Clement Mokoenene, a client of Wynand Fourie in our Patents team, has been selected as a national finalist in the Chivas Venture programme. The fund looks for innovative start-ups globally that use business […]

I was at a dinner with some friends from school when a friend told a story about his 60-year-old mother buying R10,000 worth of bitcoin earlier this year which is now worth over R80,000 – some of which she cashed out for a very nice holiday. “This blockchain stuff is a lot of hot air […]

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, […]

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 […]

Artificial Intelligence and IP Law A recently published White Paper titled “Artificial Intelligence, Human Expertise – How technology and trade mark experts work together to meet today’s IP challenges” is definitely worth a read for anyone interested in AI and how it may effect IP law in the years to come (published by Compumark and […]

The IPLive team collaborated with the CliffCentral.com to produce a series of podcasts on IP law. The goal of the series is to make IP more accessible and understandable. We’re also hoping that our parents begin to understand what it is we do here too. We hope you give it a listen and give us some feedback […]

Each year the South African Institute of Intellectual Property Law (“SAIIPL“) administers and runs the Trade Mark Practitioner examinations. These are practice-based examinations that, if passed, allow the candidate to formally qualify as a Trade Mark Practitioner and automatically become a Fellow of the Institute. These examinations are tough, consisting of a series of introductory […]

How a Navy Seal fought off copy-cats and created a global empire After featuring a Planet Money podcast episode which focused on resurrecting a famous American brand, we look at another excellent podcast this week: How I Built This with Guy Raz. Some of my favourite episodes so far include the stories behind powerful businesses […]

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.

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 […]

The founders of GrowthHub are building a community amongst the South African start-up scene that you should keep an eye on. They hold regular events and aim to add value to the start-up community by bringing in guest speakers from a range of sectors and offering entrepreneurs within the network the opportunity to showcase their […]

This is the first post of a series dealing with the role of IP in corporate governance in the wake of the launch of the KingIV report in South Africa by the Institute of Directors earlier this week. The conference had well over 1000 business leaders based in Gauteng and a stellar line-up of speakers. […]

14 JULY 2016 @ 07h30 | The Journey of Africa’s CEO SleepOut™ Please note that this seminar has been postponed until further notice.  

The National Consumer Commission is a member of the London Action Plan, which is a coalition formed by a number of regulators to combat spam, phishing and online ills. According to a statement, the members of the London Action Plan have concluded a memorandum of understanding (MOU) relating to unsolicited communications. The purpose of the […]

Most people know and accept the patent system as a mechanism for establishing ownership in fruits of the mind which, in the case of patents, are solutions to technical problems. But why is the patent system used? In this article we take a step back and consider the rationale for the patent system. A patent […]

Despite the fact that the Protection of Personal Information Act (“PoPI”) was signed by the president on 19 November 2013, a commencement date has not yet been established. It seems as though PoPi is edging toward a commencement date as the Portfolio Committee on Justice and Correctional Services recently recommended candidates for appointment to the […]

‘How do I export my IP out of South Africa?’ This is a question that the IP Live team have been asked a number of times. The answer, unfortunately, is that is is not as easy as on might have thought. The Currencies and Exchanges Act, 1933 (“the Act”) prohibits the export of any capital […]

On 09 June, Adams & Adams had the pleasure of welcoming Pavlo Phitidis Aurik Business Accelorator to join a panel discussion with Darren Olivier Partner and Ashlin Perumall Senior Associate about the implications of the ‘Please Call Me’ judgment for businesses in South Africa.

Innovation Focus #2: WizzPass™ are South Africa’s only representative on the Barclays Accelerator (powered by Techstars) WizzPass were recently selected to participate in the Barclays Accelerator (powered by Techstars) and are based in Cape Town for three months of mentorship from specialists in the fintech sphere. Applications were received from over 45 countries and only 10 companies were selected. […]

The Institute of Directors Southern Africa (IoDSA) and the King Committee recently invited public commentary on the draft King IV Report on Corporate Governance for South Africa. As a proud partner and sponsor of this Report, Adams & Adams hosted a commentary session in Sandton recently. The Report is the fourth edition, setting out the […]

The front page headline in the Wall Street Journal a few years ago stated boldly “Charity Brawl: Nonprofits Aren’t So Generous When a Name’s at Stake” referring to the stinging criticism received by a celebrated charity for enforcing their rights over part of their name. The palaver prompted a retort from Dan Pallotta, renown philanthropist […]

The almost hundred page judgment from the constitutional court makes for exciting, and laborious reading – at least to an IP attorney. Exciting in the sense that it documents a brilliant idea coming from a modest yet determined man in the accounting department of a telecoms behemoth and his fifteen year battle for justice all […]

David Bowie –Artist, Renaissance Man and IP Maestro. The man of many names, faces and alter egos such as Ziggy Stardust, the Alienated Alien and the Master of Reinvention was also an IP Trailblazer who left us with groundbreaking insights on IP protection and asset development in the music business.  On 14 April, leaders in the […]

This article entitled “What can we expect in Gordhan’s Budget” published by Independent Online and citing Bloomberg as author predicts a difficult speech for the Finance Minister who needs “must contend with dwindling revenue as commodity prices plunge, the worst drought in more than a century and slowing economic growth”. There is of course no […]

HOW DAVID BOWIE CHANGED THE MUSIC BUSINESS | During his larger than life career in music that spanned more than four decades, he was dubbed Rock ‘n Roll’s greatest chameleon and also the Master of Reinvention.  He was inducted to the Rock ‘n Roll Hall of Fame in 1996.  A true Renaissance Man, Bowie was […]

The events surrounding the controversial racial remarks published on the personal social media accounts of various well-known offender

PowerTalk | PowerFM’s Iman Rappetti talks to A&A’s Darren Olivier about ways of protecting your ideas or your inventions when making presentations to potential investors or clients.

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, […]

PowerTalk | PowerFM’s Iman Rappetti talks to A&A’s Darren Olivier about IP and protecting and nurturing our Heritage. Also joining the conversation are the Steve Biko Foundation, the Nat Nakasa Foundation and the Victor Ntoni Foundation.

PowerTalk | PowerFM’s Iman Rappetti talks to A&A’s Darren Olivier, Ian Learmonth and Ashlin Perumall about the Ashley Madison ‘affair’ generally and what it means – and corporate and personal strategies for reputation management and trade secret protection (how to prevent leakage occurring and practical steps if leakage has occurred).

PowerTalk | PowerFM’s Iman Rappetti talks to A&A’s Darren Olivier about the struggle by Street Artists who don’t know how to protect their designs and creativity.

Ask just about any IP lawyer and they will probably tell you that if you sub contract the development of your logo, you will not own the copyright in the logo. You will not even have the exclusive right to use it. This is because of the general rule that, subject to a list of […]

To many the trade mark is simply a document that records a business name at the local trade mark office. It’s not compulsory and it takes so long to obtain, that it is frequently dismissed as an irritation. Ok, it’s relatively cheap but why else should one pay more attention to our friend, the registered […]

Understanding the transaction When performing an IP due diligence or audit as part of a transactional due diligence it is crucial to understand what the transaction is about. IP needs to be identified, verified, highlighted and surrounding issues conveyed to the interested parties in the context of the overall transaction. There is a significant difference […]

The Consumer Protection Act (“CPA”) came into operation on or about 1 April 2011. As you are aware, this substantially changed the legal franchising landscape in South Africa in that we now have the franchise relationship regulated by legislation. There have been a number of difficulties and pitfalls with the CPA and certain of these […]

Darren is an IP expert and a partner at Adams & Adams, and participated in yesterday’s session with the ALN Ventures entrepreneurs on critical legal issues, including IP, ICT, and contracts. See the original post at the Afro-IP blog here. Now here’s a remedy for the post lunch slump or a bad case of the […]

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