IP Africa
Our continent is dynamic and there are constant legal and legislative developments taking place. Our goal is to try and provide a resource centre which provides our clients with the latest and most updated information on IP and related matters so that they can make informed decisions about their business and IP interests in Africa. Here you will find the most up-to-date information on the laws and regulations which govern intellectual property in Africa, an interactive map for easy access to information about specific countries and the two regional organisations, ARIPO and OAPI. We also have additional resources including our Africa IP Update and the Africa Advisory Newsletter.
These publications provide our clients with the latest IP related updates as well as information related to business, economic, political and legal developments in Africa.
In this section of the website, you will also find information about our visits to our associate offices and IP Offices across Africa, information on our flagship event - the Africa Network Meeting and other events and sponsorship programs with which we are involved.
ARIPO
ARIPO was established in 1976 in Lusaka, Zambia through the joint efforts of the UN Economic Commission for Africa (UNECA) and the World Intellectual Property Organisation (WIPO), when the Agreement on the Creation of an
Read moreOAPI
OAPI, the Organisation Africaine de la Propriété Intellectuelle, is a union of 17 predominantly French-speaking countries which was formed when the former Libreville Accord (concluded in 1962 by 12 countries) was revis
Read moreHague Agreement
The Hague system provides for a streamlined and cost-effective process to obtain design rights through a single application, filed at WIPO, in one language, with one set of fees. Registration results in a single registra
Read moreMadrid Protocol
The World Intellectual Property Organization’s (WIPO) Madrid System offers a convenient and cost-effective solution for registering and managing trade marks worldwide.
Read moreParis Convention
The Paris Convention for the Protection of Industrial Property, is a multi-national treaty, established in 1883, and administered by WIPO.
Read moreOur Services
A patent is a way to protect a new invention which can be applied in business, trade or industry. It grants the patent holder (patentee) an exclusive right to the ownership of the invention. For an invention to be patentable it must meet four requirements:
- It must be novel (new).
- It must have an inventive step.
- It must be capable of being used or applied in trade, industry, or agriculture.
*“Novel” means that it must be confidential. In other words, it must not be public knowledge or knowledge already known in the industry in which it applies (or any other industry).
The patent will give you exclusive rights to the making, selling, offering for sale, or importing of the invention within the jurisdiction in which it is granted.
Copyright is a property right to a work that has been created and exists in material form, such as a song or film. The principle of any kind of property is that the owner may use it as they wish, and that nobody else can lawfully use it without the owner’s authorisation.
Copyright protection affords the copyright owner certain exclusive rights which enable the copyright owner to exploit the copyright work for financial gain and to stop unauthorised exploitation by third parties.
South Africa has many talented designers active in the field of furniture and lighting, cutlery, crockery, textiles, jewellery and wine and product labels. South African designers and their product designs are highly regarded both locally and internationally and many of them have exhibited, and sold their products overseas.
However, design registration is an area that is often underestimated and ignored by local designers.Registering a design obtains strong statutory protection for a period of 15 years.
This protection grants exclusive rights for the designer to manufacture, import and/or use the design and prevents others from doing so. There are two types of design which can be registered in South African: aesthetic and functional designs. Functional designs are designs that have features which are necessitated by the function of the article to which the design is applied and can be registered for 10 years. Aesthetic designs are defined by their shape, configuration or ornamentation and can be registered for 15 years.
Adams & Adams has one of the largest Anti-Counterfeiting teams, consisting of partners, junior attorneys, other professionals and support staff, dedicated to combatting the trade in counterfeit goods in Africa. In addition, Adams & Adams is the only firm with internal investigators tasked with monitoring the markets across several jurisdictions, dedicated to pro-actively investigate and assist its clients with effective and sustainable Anti-Counterfeiting enforcement.
Our team also has access to a large pool of independent or external investigators, if necessary.
Our team is well informed and equipped to deal with any client queries related to the prevention and detection of counterfeit goods, as well as the enforcement of legal action across Africa to clamp down on counterfeit goods trade.
How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.