Bringing you the latest news and views from across Africa.
The Protection of Personal Information Act No. 4 of 2013, or “POPI”, has been signed into law, but is not effective as yet. Compliance with POPI looks to be an onerous task; therefore, as we await the...
It is no secret that South Africa’s current copyright legislation is outdated and in dire need of an overhaul. So when news broke that Government was set to publish a Copyright Amendment Bill in July...
Juliet once asked Romeo “What’s in a name? That which we call a rose by any other name would still smell as sweet”. I mean, it’s only a name - right? Wrong! All too often, companies, in their effort...
Radio is undoubtedly the most accessible and affordable media and form of entertainment in South Africa. Radio is everywhere around us, from homes, to offices, cars to doctors’ consulting rooms and i...
A recent copyright infringement claim in the Western Cape High Court recently addressed the issue of “aiding and abetting”, based on section 23(2) of the Copyright Act 98 of 1978 (“the Act”).Nestle Ne...
So you think it’s safe to offer credit to a company or close corporation just because you have a suretyship in place? The Companies Act 71 of 2008 (“the Act”) and recent case law may change your think...
The Consumer Protection Act 68 of 2008 (CPA) came into effect on 1 April 2011. A concise definition of consumers are persons to whom goods or services are marketed, who have entered into transactions...
During the last few years, there has been a staggering growth in the number of mobile applications (‘apps’) that have become available for download in leading app stores, and there is no sign of this...
A number of businesses in South Africa are related, directly or indirectly, to the design and manufacture of clothing, garments, apparel and fashion accessories. For these companies the issue of prote...
In an action for infringement for a patent registered in respect of a kettle having multiple spaced apart heat sensors, the court found the patent valid and infringed.Judgement was handed down on 22 S...
he facts and circumstances the Supreme Court of Appeal (SCA) was seized with in Etraction (Pty) Ltd v Tyrecor (Pty) Ltd 2015 ZASCA 78 (28 May 2015), are an object lesson for trade mark proprietors, in...
KISCH IP participated in a Career Exposure Day hosted by the Educhange and Research Foundation NPC (ERF), a non-profit company that runs an intervention programme which is aimed at improving academic...
ADVERTISING IN SPORTS - DON’T GET AMBUSHED OFFSIDE Humans love sport - this is an inescapable, universal truth that permeates through generations, with online viewing platforms leaving few around the...
Today, after 141 years, DM Kisch Inc, Patent, Trade Mark and Copyright attorneys will adopt a new brand and corporate identity, namely KISCH IP. With its roots dating back to 1874, the firm has built...
The estate of the late Marvin Gaye, which own the copyright in the sheet music to the 70’s hit “Got to Give it Up” sued Pharrell Williams and Robin Thicke, the producers and performers of the 2013 hit...
It was recently announced that an agreement permitting the validation of European patents in Morocco will enter into force on 1 March 2015. This will pave the way for anyone filing European patent app...
Know-How in the form of operational information and data lies at the heart of a business and this Know-How forms the back bone of the application, use and commercialisation of the other forms of intel...
One of a business’s most valuable assets is its brand and, therefore, its trade mark. A business invests in its brand every time it does any advertising or promotion and the last thing that anyone wa...
When determining trade mark rights, the classification system is of utmost importance. This system determines the scope of one’s statutory trade mark rights since trade mark infringement can only take...
Africa, albeit a developing continent, offers many opportunities for investment and new business and, along with new investment, goes the need for the registration of trade marks. Africa is, however,...
“When a witness, particularly one testifying in support of obviousness, uses words such as ‘imaginative’ and ‘creative’, it tends instead to support a conclusion of inventiveness and hence patentabili...
A device, a name, a signature, a word, a letter, a numeral, a shape, a configuration, a pattern, an ornament, a colour, a container for goods or any combination of the aforementioned, are all trade ma...
Once a new invention has come to life, the protection of the invention may often be a daunting task, especially to novice inventors and entrepreneurs. The following simple steps will assist with the p...
AI EVERYWHERE, AND HOW AN OVERLOOKED SOUTH AFRICAN LAW CAN AFFECT YOUR COPYRIGHT OWNERSHIP It is no secret that AI is everywhere these days. It’s certainly all over the news, although the smart phone...
One of the most valuable assets in any business is its Intellectual Property but it is often the most neglected. Intellectual Property manifests itself in various forms from trade marks, copyrights, p...
A trade mark is the forefront of a business and consumers’ purchasing decisions are continuously influenced by these trade marks, which distinguish goods and services from one another and also indicat...
BIG MAC: A BURGER OR A RESTAURANT? The BIG MAC is arguably the world’s most famous burger. This illustrious burger has even traversed the realm of fast-food and entered the financial services world in...
Right now there are three companies gearing up for an epic biotechnology legal showdown. At stake is nothing less than control over what promises to be the core tool of an entire industry for the next...
When major sporting events are about to take place, we see an incline in instances of ambush marketing. With the 90th Comrades Marathon about to take place on 31 May 2015, the Comrades Marathon Assoc...
Publish or perish – the phrase which arguably dictates the sustainability and career advancement of academia. What is however often forgotten is that in the quest for publication, researchers and inst...
South African company law is complex and business owners are required to keep track of the multiple requirements that can impact on their day to day business, as failure to do so could result in your...
An agreement may be varied and cancelled via email, statesthe case of Spring Forest Trading v Wilberry (725/13) [2014] ZASCA 178.Where an agreement provides for a variation or cancellation to be reduc...
China’s patent system became modernized in 1984 under Deng Xiaoping’s Economic Reform Policy. From 1978, China transformed from a planned economy to a market-oriented economy. During the 1980s, the...
Companies and individuals trading in the food industry, the pharmaceutical and medical industry, as well as in the cosmetics industry should be aware of the laws in Nigeria regarding the importation,...
INTRODUCTIONThe above Act (‘the IPLA Act”) was assented to by the President on 10 December 2013 and will come into operation on a date to be fixed by the President by proclamation in the Gazette. This...
An earlier report by the writer in respect of a Supreme Court of Appeal decision (BMW AG v Grandmark International (Pty) Ltd 2014 (1) SA 323 SCA) adopted a cautious view on the effect of that judgment...
We are moving into an era where technology is developing and changing so rapidly such that there is a concurrent commercial need to obtain expedited grant of patent applications so as to enable innova...
In 2013 ICANN (The Internet Corporation for Assigned Names and Numbers) commenced its roll out of thousands of new Generic Top Level Domain Names. Generic Top Level Domain Names (or GTLDs) in simple t...
A number of entities have knowingly used the image of the famous reggae singer, Bob Marley, on t-shirts and other merchandise, without the permission of the company Fifty-Six Hope Road Music Ltd., whi...
It was recently announced that the United States of America and Japan have become members of the Hague Agreement for the International Registration of Industrial Designs.This International Design Syst...
As many SAIIPL members may be aware, CIPC is in the process of assessing their systems and procedures with a view of accession to the Madrid Protocol.To enable proprietors to rely on International reg...
The use of biofuels has received considerable attention of late in particular regarding the Draft Position Paper on the South African Biofuels Regulatory Framework (the “Position Paper”) and the manda...
