South Africa

The manager of a cellphone accessory shop in Gqeberha was fined R 87 000 (around 4900 USD) for selling counterfeit mobile phone products. The manager pleaded guilty to charges under the Counterfeit Goods Act and the Trademarks Act, after a search at the store uncovered over a hundred counterfeit items. The items included adapters, car […]

President Cyril Ramaphosa has signed the Plant Health Bill into law, introducing measures to tackle the issue of plant pests that threaten domestic agriculture and could affect South Africa’s agricultural exports. According to a statement from the Presidency, the new legislation replaces the Agricultural Pests Act of 1983, which previously governed the national plant health […]

The WIPO-South Africa Summer School on Intellectual Property (IP) has concluded another successful session. Hosted in partnership with South Africa’s Department of Science, Technology and Innovation (DTI), the National Intellectual Property Management Office (NIPMO), and the Companies and Intellectual Property Commission (CIPC), the program ran from 26 November to 6 December 2024, at Mangosuthu University […]

Police in Limpopo have made a significant impact on the illegal trade of counterfeit goods, seizing items worth R5 million (approximately $271 723) in Musina. The operation, conducted by multiple law enforcement agencies, targeted counterfeit goods and over 2000 counterfeit items including sneakers, cell phones, perfumes and consumables were seized. Police spokesperson Amanda van Wyk emphasised […]

The Companies and Intellectual Property Commission (CIPC) plans to deregister approximately 800,000 non-compliant companies. This initiative aims to address inactive entities and enforce compliance with annual return and beneficial ownership requirements. Companies that fail to submit annual returns for two consecutive cycles or disclose beneficial ownership information will face deregistration. This action is part of […]

The Portfolio Committee on Trade, Industry and Competition comprised of members of the South African National Assembly held a meeting on 22 October 2024 discussing the development and implementation of various legislation including laws relating to intellectual property (IP). The committee first considered the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which […]

In 2022 the High Court declared certain sections of the Copyright Act of 1978 unconstitutional following a successful challenge by Blind SA, together with the legal assistance of Section 27. Blind SA contended that the current Copyright Act limits the availability of works in formats that are accessible to persons with print and visual disabilities […]

On the 20 June 2024, the Advertising Appeals Committee (AAC) of the Advertising Regulatory Board (ARB) was convened to consider an appeal against the ARB’s Directorate dismissal of a consumer complaint against Netflorist.co.za. Netflorist serves as an online gift and florist store and the advert in question was made for television and online platforms. “Babe, […]

An apple plant variety (HFF63) developed by Hirosaki University in Japan, and marketed under the name ‘KIMITO’, is to be cultivated in South Africa before the end of 2024. The venture follows an agreement between the university and Japanese food wholesaler and distributor, Wismettac Foods Inc. According to Wismettac Foods’ Mid-Term Business Plan (2024-2026) (https://www.wismettac.com/en/ir/library/plan/main/00/teaserItems1/00/linkList/0/link/MTP_full_E.pdf, […]

In part of its ongoing clampdown on content piracy, South African broadcasting company MultiChoice has announced the arrest of two suspects associated with the Waka TV video streaming piracy operation. The arrests were the culmination of an operation carried out in collaboration with the cybersecurity company Irdeto and the Western Cape’s Cyber Crime Unit. The […]

In conflicting news for proponents of South African advanced manufacturing, youth employment and multi-national cooperation, the Gauteng Organised Crime Investigation Unit recently raided a counterfeit SIM card factory located in a house in Sandton. Once on the scene, it found and arrested either 43 or 45 individuals aged between 17 and 36, including two South […]

On 28 May 2024, President Cyril Ramaphosa signed into law the Cannabis for Private Purposes Act (CfPPA). The Act regulates the cultivation, possession and use of cannabis by adults in a private setting. The CfPPA removes cannabis from the Drugs and Drug Trafficking Act. It also paves the way for the amendment of the Schedules […]

“The road to hell is paved with good intentions” is an old English proverb, meaning that well-intentioned actions may have unintended consequences. One might say that the road to section 10(7) of the Trade Marks Act is paved with bad intentions, as it provides that trade mark applications filed mala fide are considered unregistrable.    […]

The CIPC issued a notice regarding a data breach under section 22 of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) notifying customers of unauthorised access to their systems on 29 February 2024. Personal information of clients and CIPC employees was accessed and exposed. CIPC has advised that it has taken measures to […]

Qualcomm Incorporated in collaboration with Adams and Adams has launched the L2Pro Africa IP e-learning Platform, a free online training tool. Qualcomm and Adams and Adams Launch Free Online IP Training for African Innovators Qualcomm Incorporated has launched the L2Pro Africa IP e-learning Platform, a free online training program developed in collaboration with Adams and […]

On 26 September 2023, South Africa’s upper House of Parliament, the National Council of Provinces (NCOP), adopted the highly controversial Copyright Amendment Bill, and the Performers’ Protection Amendment Bill.   The Bills were sent back to the National Assembly (NA) for concurrence on the relatively minor changes to the Bills that NCOP proposes.  It is anticipated […]

On 31 August, African Traditional Medicine Day, established by the World Health Organisation African region, honours the integral role of traditional medicine in the health and welfare of generations of people on the continent. The event serves as a platform for member states to discuss best practices, groundbreaking evidence, and innovative solutions that showcase the […]

The 2023 Netball World Cup was hosted in Cape Town, South Africa from 28 July to 6 August 2023.  It has been a landmark event for the continent as this is the first time that this World Cup was hosted in Africa. As with the FIFA Soccer World Cup that was hosted by South Africa […]

For those who may not be aware, in the last year, the plant-based food industry has come under fire in South Africa over using descriptive terms such as “burger”, “nugget” and “sausage” in relation to meat analogue products.  In South Africa, meat analogue products are foodstuffs that approximate the aesthetic qualities, which include the primary […]

In following on the successful operations shutting down a manufacturing plant of counterfeit oil and lubricant products in 2022 (previous publication at: https://www.linkedin.com/posts/jan-harm-swanepoel-563534136_adams-anti-counterfeiting-team-deals-another-activity-6963798312311271424-JGHP?utm_source=share&utm_medium=member_ios), our Anti-Counterfeiting team assisted the Police and the National Prosecuting Authority to achieve successful criminal convictions of the Accused persons. Both the Accused persons were convicted for contravening the Immigration Act and […]

Female attorneys, magistrates, judges and prosecutors gathered during the week of 24 to 28 April 2023 at various High Courts and Advocates’ Chambers, to celebrate the centenary of the promulgation of the Women Legal Practitioners Act of 1923, that allowed for the admission of women to the legal profession in South Africa. One of these […]

The South African Medical Research Council (SAMRC) which provides various health research grants to 15 universities across South Africa hosted a meeting with 65 grant holders. The SAMRC has committed over 70% of its research grant budget to previously disadvantaged institutions with a view to fostering development in these institutions by fast-tracking the transition of […]

MultiChoice, a large African broadcasting company, has recently been flexing its intellectual property protection clout against pirates. The South African Medical Research Council (SAMRC)meets with various health research leaders to further support their development. A new initiative has been created to improve entrepreneurial development across Southern Africa.

A new initiative has been created to improve entrepreneurial development across Africa through a joint collaboration between the World Bank and the South African departments of Science and Innovation (DSI) and Small Business Development.

New proposed Regulations for the Labelling and Advertising of Foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 have been published for commentary. Comments may be submitted by 30 April 2023. The draft regulations are considerably more extensive and specific than the current regulations, as amended in 2012, and cover a broad range of issues […]

In line with developments in the market, new Advertising Regulations for Crypto Ads have been implemented. Notice of the prohibition of use of the CAPE FLORA logo mark, in terms of the Merchandise Marks Act, has been published for comment by 5 March 2023 and proposed changes to the Regulations for the Labelling and Advertising […]

Notice has been published in terms of Section 15(1) of the Merchandise Marks Act of 1941 proposing the prohibition of use of the CAPE FLORA logo, depicted below, or similar drawings, which might cause confusion with any trade, business, profession or occupation or event, in connection with any trade mark, mark or trade description applied […]

Draft regulations to the Protection, Promotion, Development, and Management of Indigenous Knowledge Act (“Act”) have been published by the Department of Science and Innovation for public comment in Government Gazette 47453 on 4 November 2022. The Act was signed into law in August 2019. The primary goals of the Act being for the protection, promotion, […]

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 […]

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 pay-out is the first payment as part of a benefit-sharing agreement signed in 2019. The 2019 agreement will result in the indigenous communities sharing in the profits of the rooibos industry, which benefits from the communities’ traditional knowledge and the commercial use of the plant. The 2019 agreement serves as an important acknowledgement of […]

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 […]

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 […]

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 […]

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, Cannabis sativa L, commonly known as ‘hemp’, has been declared an agricultural product, in terms […]

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 […]

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 […]

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 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 long way in resolving archaic and gender-powered relations within […]

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 […]

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 […]

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 […]

Best Lawyers®, a highly respected legal profession peer review publication recently announced their Best Lawyers® list for 2021 acknowledging outstanding global firms and lawyers. In the latest edition, Adams & Adams scooped the top spot for Law Firm of the Year, Intellectual Property Law in South Africa. In addition, 13 Adams & Adams Partners are […]

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, […]

It is expected of divorced parties to close the old book and start a new life after what is usually a traumatic and most definitely a life-changing experience. Very often a new life does not only include a new haircut and wardrobe but also a new province or even a new country. It is an […]

A mortgage bond is registered when an owner of immovable property uses the property as security to raise funds from a bank or other financial institution. This is either done when purchasing a property or when a property already registered in the owner’s name is used to raise funds. The purchaser will apply for a […]

A recently published report on Statistics SA has given insight into the divorce rate in South Africa; however, the report only reveals divorce rates up to the year 2018. The COVID-19 lockdown periods saw a significant (20%) increase in the number of divorce requests, while divorced and separated individuals struggled to navigate the blurred lines […]

Over the past few years, there have been reports in South Africa of women being wrongfully sterilised. Various explanations have been given for this, most of which are discriminatory in nature, as these wrongful procedures tend to be performed on women living with certain chronic diseases, of a certain colour, of specific background, etc. It […]

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 […]

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 […]

As you may recall, the Consumer Protection Act, no. 68 of 2008 (“CPA”), introduced franchise legislation into the franchise industry in South Africa, on or about 1 April 2011. By way of example, Regulation 2 thereof sets out 50 or more points which need to be dealt with and included in a compliant franchise agreement. […]

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 […]

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 […]

The property transfer process can be complicated for first-time property buyers. Below is a guideline of the processes to be followed in order to complete a successful transfer of a property. The Property Transfer Process Download Info-graphic As PDF 1. Receive Offer to Purchase This is a document signifying the buyer’s intention to purchase the […]

“Intellectual Property (IP) intensive industries such as South Africa’s growing technology sector face various challenges with respect to cross-border transactions, including access to offshore markets for the commercialisation of IP, as well as financing and security for such transactions.

The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life.  The full extent of this worldwide pandemic is yet to be seen, understood or experienced.  Uncertainty is at the forefront of the thoughts of most people.

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.

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 […]

For some time, section 27 of the Basic Conditions Employment Act (“BCEA”) entitled employees to a minimum of four days of family responsibility leave in certain circumstances, for example, when an employee’s child is born. In terms of the recent amendments to the BCEA, the provision entitling an employee to family responsibility leave on the birth of an employee’s child has been repealed (leaving the remainder of section 27 intact).

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.

Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a “long and difficult” struggle to have another baby. How does surrogacy work in South Africa?