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...
Patents
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...
Microsoft vs You First Mobile: Security for Costs Under the South African Patents Act and Compelling Discovery of Foreign Search Reports
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...
AI as Inventor Article
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...
A Fast Way to Lose Your Patent Rights – The Tortoise and the Hare – A Lesson Applicable to South African Patent Prosection
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...
SA Court Confirms Position on Non-essential Integer and Grants an Urgent Interim Interdict
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...
Appeal Board Decision – Plant Breeders’ Rights Act – 01
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...
South African Patent Office’s Recent Grant of a Patent for an Invention Created by Artificial Intelligence
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...
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