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...
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...
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...
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
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,...
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...
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...
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...
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...
The Children’s Act 38 of 2005 is watershed legislation designed to achieve many purposes, prime among them is ensuring the best interests of the child are guarded and treated as of paramount importance in any matter concerning a child. The Children’s Act may also go a...
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