Bringing you the latest news and views from across Africa.
The recent decision by Stuttafords International Fashion Company (Pty) Ltd to commence business rescue proceedings has highlighted the impact of business rescue and the risks associated with a debtor...
In 1962, when Nelson Mandela was imprisoned, Telstar launched the first communications satellite, and General Electric introduced the world to the single LED. The first personal computer was developed...
Franchises rely heavily on the strength of brands for their success and it is therefore not surprising that franchisors typically prefer to control their franchises quite tightly, as any blunder by ev...
It’s a familiar scene, two players enter the arena. One armed with a red ball, the other seemingly defenceless. But unlike a normal game of dodge ball, more players quickly enter the ring, each with a...
United Kingdom, 2016- Corporate Vision Magazine has announced the winners of the 2016 Businesswomen Awards.Women represent around half of the global workforce and are a key contributor to the corporat...
Sometimes individuals elect to file trademarks in their own names as opposed to in the name of a company. If that is the case, it is important to stress that such an asset must, like immovable or mova...
“For Africa to move forward, you really got to get rid of malaria” – Bill GatesThe words PROPHYLAXIS and PROPHYLACTIC are derived from the 16th century French word “prophylactique”, from the Greek “pr...
A cook-off is a social event in which competitors, in a friendly manner, create their own recipes and produce dishes which are judged by a panel of impartial third parties. On 1 September 2016 Yuppiec...
Risks, precautions and compliance for cloud usersThe recent dissemination of 68 million Dropbox user account’s details has highlighted the inherent risks in the use of cloud servers. A cloud is an onl...
The outcome of the judgement in the matter involving Robin Thicke, Pharell Williams and Marvin Gayes’ estate has been widely criticised by many members of the music industry- and steps are now being t...
There are many reasons why people get tattoos. The most common reasons being memories, reinforcement of identities, reminders of important events, facts or values; or simply, for the love of art. Whil...
Spring is famously known for freshness, rebirth and revitalisation. At this time of the year, most households are cleaned in an unusually thorough way. It’s not that nobody bothers to clean their hous...
TRIPS flexibilities allow countries to tailor their patent processes to suit specific needs, while still allowing substantive conformation with international treaty commitments. The following flexibil...
Donald Trump is, to put is lightly, a controversial figure, known for his extreme right wing political views and far from subtle criticism of, and disdain for, various minority groups. Well, Donald ha...
The craft beer scene in South Africa has exploded in recent times, with new exciting breweries and beers being made available to consumers almost daily. The entire beer market appears to have been rei...
But Don’t Place Your Data Privacy and Personal Information at RiskThe new craze, Pokémon Go, is a mobile App that makes use of augmented reality to catch virtual creatures in the real-world space. Whi...
In the age of the Internet and digital media it is possible to find information on absolutely any topic, at the click of a mouse. If you want to cook something, gone are the days when you had to haul...
In almost all African territories, where a registered trade mark is not used for a certain period of time, it may be vulnerable to be cancelled and removed from the Trade Marks Register, allowing othe...
Like a butterfly flapping its wings on the other side of the world, a single judgment often has far reaching implications on our interpretation and application of the law. The legal fraternity often...
Trade marks are a company’s most valuable asset. A trade mark is any mark, word(s), sign, device or logo that distinguishes one person’s goods and/or services from that of other traders. As time passe...
A review of omnibus claims in South African Patent Law is warranted, in particular, in light of recent Australian case law dealing with omnibus claims (Reckitt Benckiser vs. GlaxoSmithKline {2015} FCA...
A patent strategy is vitally important to any business and a balance needs to be found between being cost effective and obtaining the most protection possible. It is often advantageous to file a provi...
Your rights when shopping onlineWinter has arrived in South Africa and it is time to brace its chill by stocking up on your winter essentials. Increasingly consumers are preferring to shop online, how...
By Louw Steyn and Jaco TheunissenOf recent, KISCH IP has tasted tremendous success in the Supreme Court of Appeal. In one such an instance, the court found that an order amending the incorrect descrip...
Intellectual Property (IP) rights are potentially very valuable and need to be treated accordingly. This is illustrated in the recent legal battle between Vodacom and Mr Kenneth N Makate which has esc...
Several highly valuable species are currently being poached, raided or abused, causing major concern to wildlife industries. Numerous anti-poaching strategies are being implemented, but it appears tha...
When a person or business creates a new technical concept (or innovation) that is implemented, the world generally benefits from such innovation. Examples of this abound for example Thomas Edison’s in...
Enforcement of International registrations in AfricaAny person who has experienced the administrative burden of seeking trade mark protection in multiple countries will welcome the possibility of fili...
A trade mark is defined as a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used...
25 May 2016 is celebrated as AFRICA DAY and marks the formation of the African Union, which is extra special this year with the body marking its golden jubilee. Africa has seen a vast increase in inve...
If copyright could be compared to a continent, it would be Africa: exciting, diverse, multi-faceted, often misunderstood and far too expansive to cover in a few hundred words!Copyright is one of the s...
Whilst it is difficult to obtain statutory trade mark protection for shape trade marks it is not impossible. To determine whether a shape trade mark is registrable one has to assess whether the propos...
The First Amendment to the Constitution of the United States of America protects the right to free speech. In South Africa this right is enshrined as a basic human right in the Constitution’s Bill of...
South Africa has the largest pharmaceutical products market in Africa, with the pharmaceutical industry playing a very important role in the South African economy. Patentability is the economic driver...
All companies and close corporations are required in terms of the Companies Act 71 of 2008, to lodge their annual returns with the Companies and Intellectual Property Commission (CIPC) every year. Fai...
The age of social media and Internet and e-commerce has seen the rise of various new ways of communicating, not only between individuals but also between brand owners and consumers. Hashtags are one...
Everybody loves a bit of celebrity gossip.Celebrity and entertainment news enthusiasts are atwitter about the current tussle between Australian pop icon Kylie Minogue and perhaps slightly infamous Kyl...
SCA judgment in respect of Adcock Ingram Intellectual Property (Pty) Ltd v Actor Holdings (Pty) LtdThe Supreme Court of Appeal (“SCA”) has recently handed down judgment in the case of Adcock Ingram In...
Section 25(7) of the Patents Act No 57 of 1978 explained.An invention can only be patented if it does not form part of the state of the art at the time of the application for the patent. The relevance...
Sections 25(2) and (3) of the Patents Act 57 of 1978 explained.Patented inventions can be very lucrative and the importance of the role that patents play in commerce is ever-increasing. Referring to a...
In the Minister of Finance’s recent budget speech, Pravin Gordhan indicated that sugar has officially transcended into the realm of “sin”. The penalty for such sin has come in the form of a sugar tax...
Extreme regulation, such as the removal of branding from consumer products to discourage their use, not only takes away the consumer’s right to quality products but also detroys company value, jobs an...
“To improve is to change; to be perfect is to change often.” – Winston ChurchillPractitioners across the globe have become familiar with the Community trade mark (‘CTM’) system, since its inception in...
We dance round in a ring and suppose, but the secret sits in the middle and knows – Robert Frost, The Secret Sits.What does the internet, karaoke machines and matches have in common? Though revolution...
A shareholder or director may be assisted by the courts if their interests are oppressed, unfairly prejudiced, or unfairly disregarded either by the actions of the company, the way in which the busine...
Companies generally delegate their marketing requirements to their in-house marketing department or out-source it to an agency. Proposals are presented to the directors and, once approved, the campai...
