In August 2017, the Minister of Health issued updated General Regulations (“the Regulations”) in terms of the Medicines and Related Substances Act 101 of 1965 (“the Act”). This introduced the category of “complementary medicines”, the definition of which included,...
Trade Marks
The Metaverse and trade marks – new world, same rules?
In October 2021, Meta shared a video on YouTube entitled “The Metaverse and How We’ll Build It Together -- Connect 2021”.[1] Around this time, the company also announced its rebranding from Facebook to Meta.[2] The new company name seemingly signifies its focus on...
THE DAWNING OF A NEW ERA:INTELLECTUAL PROPERTY CREATORS AT UNIVERSITIES FINALLY GET TO SHARE IN THE BENEFITS OF THEIR CREATIONS
Intellectual Property in Universities Intellectual property (IP) plays a critical role in research and education, both of which form the foundation of any university. No matter the type of IP, and irrespective of the complexities involved in the creation of such IP,...
The tea on NFT’s, IP and Web 3
In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put, an NFT is a digitally stored asset in which the subject can vary from art to music and all forms of media in-between....
A Long Road, Less Travelled, to Protect the SEVEN SEAS Label Trade Mark
In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this...
Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa
Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down...
Protecting Brand Integrity Through Certification Trade Mark Protection
In a recent order by Gauteng Division of the High Court, the South African Bureau of Standards (SABS) was awarded damages for the unlawful use of its certification trade mark by a supplier of sanitisers and disinfectants. The SABS became aware of the manufacturer...
No More Fowl Play? The Department of Agriculture Takes Steps to Prevent the Use of False or Misleading Descriptions in Respect of Animal and Processed Plant Products
The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products...
COVID Incorporating Marks in a Global Pandemic – To File or Not to File
It has been widely reported in the National Law Journal that hundreds of applications have been filed with the U.S. Patent and Trademark Office attempting to register marks incorporating the word COVID since the pandemic began last year. Some of the examples of...
Russia Ousts Champagne in Favour of Shampanskoye
In what can best be described as a robust and “no bars held” move, Russia has declared that champagne producers must now include the designation “sparkling wine” on their Champagne products manufactures for export to Russia. To add insult to injury, only...
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