Articles

Bringing you the latest news and views from across Africa.

CAN TATTOOS BE PROTECTED BY COPYRIGHT?

Mid 2011, and in the USA, a tattoo artist, S. Victor Whitmill filed a lawsuit against Warner Brothers Entertainment, Inc for copyright infringement in that one of the characters in the movie “Hangover...


18 Oct 2013

DECLARATION OF NON-INFRINGEMENT IN THE SCA

In Camworth Technologies Ltd v Videx Wire Products (Pty) Ltd, the Supreme Court of Appeal heard an appeal from the Court of the Commissioner of Patents, where the respondent, Videx, had successfully o...


15 Oct 2013

INADMISSABLE CLAIM AMENDMENTS

The court of the commissioner of patents, seated in Pretoria, has handed down judgment in the matter of Sasol Dyno Nobel (Pty) Limited v African Explosives Limited. The court had to decide whether, in...


22 Aug 2013

SO WHO’S AFRAID OF THE ADVERTISING STANDARDS AUTHORITY - BUT WHAT ABOUT THE CONSUMER PROTECTION ACT?

South Africans all know about the Advertising Standards Authority (the ASA) and the big stick that it wields against communication agencies and their clients.  But really, is anyone all that worried?...


02 Jul 2013

THE COMPLEXITIES OF SELECTING A PRODUCT BRAND NAME IN THE 21ST CENTURY

Juliet once asked Romeo “What’s in a name……What’s in a name, it’s only a name - right? Wrong! All too often, companies, in their efforts to coin that perfect name for their latest product, neglect a...


27 Jun 2013

THE POWER OF THE ‘TWITTERATI’ – GOOD, BAD OR UGLY?

Much been said about the power, pleasures and pitfalls Twitter, to many the greatest and most instant form of social media available.  With over 100 million users and more than 250 million tweets a da...


20 Jun 2013

A LOOK INTO WHETHER A SHAPE OF A PRODUCT CAN ALSO BE A TRADE MARK

One will probably find that retail stores this month, in particular, are a test of one’s will power. Not only does one have to hold strong whilst moving through the gauntlet of chocolates and sweets w...


06 Jun 2013

RIDING ON THE FAME OF ANOTHER’S PERSONALITY RIGHTS

When can a photograph of a celebrity be used in an advertisement? A celebrity walks into a cycle shop and tries on some gear. An opportunistic shop owner takes her photograph and uses the image to pr...


22 May 2013

USING COLOUR TRADEMARKS TO DISTINGUISH YOUR BRAND

Traditionally trade marks have been restricted to signs that are capable of being experienced visually and orally. However, the world has evolved and both individuals and companies are on a daily basi...


14 May 2013

DOMAIN NAMES - A THOROUGHLY UNDERRATED RESOURCE

Maximizing The Potential Of A Brand NameThe majority of people are familiar with what a domain name is and most businesses currently own one, however, the real and actual importance of a domain name i...


10 May 2013

THE SHORT GUIDE TO ADVERTISING-RELATED LEGAL ISSUES

Trade Marks, Passing Off, Advertsiging Goodwill – Those Are Not My Concern... Or Are They?So you have landed that major account and once the celebrations are over, it’s time to get down and actually r...


06 May 2013

TRADE MARKS AND MONOPOLIES

In a recent High Court matter, Foschini Retail Group (Pty) Limited (“Foschini”) the proprietor of a number of trade marks for DUE SOUTH in various classes opposed trade mark applications for the mark...


02 May 2013

THE INTELLECTUAL PROPERTY PERSPECTIVE - IT’S A LONG-TERM MARKETING STRATEGY

Whether it is a new company starting out (or an established company launching a new product), there is a daunting decision to be made regarding the marketing (/branding) strategy.On the one hand, does...


29 Apr 2013

LIBYA TRADE OFFICE RESUMES WORK

It has been anticipated that the Libyan trade marks offices shall officially reopen from the 1st of May 2013, two years after civil unrest in the country.The trade mark office will once again be able...


16 Apr 2013

BACKGROUND MUSIC – STILL THE PROPERTY OF SOMEONE ELSE’S INTELLECT

The Copyright In Musical Works – Performing AND Mechanical LicensesMusic is the sound track of our lives.  There are very few places, which we visit in our day-to-day existence, where there is not som...


15 Apr 2013

INTELLECTUAL PROPERTY ISSUES: HOW IT ALL APPLIES TO THE VUVUZELA

Gone are the days where advertising campaigns were merely released as either a television, radio or print campaign. Nowadays advertisers, marketers and promoters have many more considerations when pro...


08 Apr 2013

TRADE MARKS : DEADLINE FOR FILING SUPPORTING DOCUMENTS (POWER OF ATTORNEY)

We have received notice from Mozambique that there is now strict enforcement of Article 10 of the Industrial Property Code by the Industrial Property Institute of Mozambique.Article 10 requires applic...


12 Mar 2013

ZAMBIA - SUPREME COURT DECISION ON USER RIGHTS

A decision made by the Zambia Registry to dismiss the importance of user rights in the case (DH Brothers Industries (Pty) Limited v Olivine Industries (Pty) Limited) has just been brought to our atten...


26 Feb 2013

LOCATION, LOCATION, LOCATION.

The Territorial Nature of Trade Mark ProtectionSales for your latest branded service or product have now exploded. Now it is time to expand the business to countries outside South Africa, be it to our...


21 Feb 2013
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