Bringing you the latest news and views from across Africa.
The law around ownership of the copyright subsisting in databases where two independent parties contributed to the final work.In the recent case of Philanthropic Collection (Pty) Ltd v Girls & Boy...
The rapid advancements in the mobile phone and ease of access to vast amounts of mobile applications (“Apps”) has made it seem that there is an App for everything and anything. Unfortunately, and unbe...
While the Advertising Standards Authority of South Africa (“ASA”) is not quite out of the woods yet, it certainly appears to be recovering much of its former strength. Much will depend on the outcome...
The Apple Store launched in July 2008 and made available to iOS users some 800 applications (“Apps”) to download. As of March 2017, this number had increased to 2.2 million. Surprisingly, the Apple St...
A successful business is one which is able to exploit any opportunity available to it and, in doing so, maintain a competitive edge in its market. The exploitation of such opportunities may mean enter...
The credibility of the Advertising Standards Authority of South Africa (“the ASA”) as an effective mechanism for addressing trademark disputes has, in the recent past, been dealt a number of blows. Th...
Counterfeit is an ongoing problem but never more prevalent than during the festive season. And, with our struggling economy, we expect to feel it even more this year. While many in South Africa are s...
If life were to hand you lemons, just for a minute, imagine what you would do. Some may reach for the tequila, whilst many would make lemonade. Well, a Polish beverage company, Mr Lemonade Alternati...
Most popular music followers will instantly recognise the pulsing background beat of Eminem’s Grammy and Academy Award winning track “Lose Yourself”. So popular was this beat that the New Zealand Nati...
Nigeria is one of Africa’s most prosperous, and fastest growing, economies. In fact, despite experiencing a recession in 2016, the International Monetary Fund predicts that not only will Nigeria’s eco...
This is the kind of case that makes the lives of intellectual property attorneys really interesting.The case involves a freelance wildlife photographer, David Slater and the animal rights organisation...
A soliloquy in Shakespeare’s Romeo and Juliet[1] once posed a vitally important question which can be applied when weighing up the importance of a name and trade mark. This question was as follows:“Wh...
Fluctuations in patent activity can provide insight into trends which can have major implications for people and organisations who deal with Intellectual Property. These implications range from resear...
In almost all industries there are certification processes to ensure that goods and services are of a high quality. Certification marks are applied to products or services that have been successfully...
As a trade mark applicant you waited many years for your trade mark application to proceed to registration. What are you required to do, as a trade mark proprietor, to ensure that your trade mark reg...
As international and local markets are becoming increasingly interwoven, it is important to appreciate that any sector is more and more susceptible to disruptions resulting from local and foreign tech...
In September 2014, Eight-Mile Style, the publisher of Eminem's “lose yourself” song filed legal proceedings against New Zealand’s National party, claiming copyright infringement of Eminem’s Grammy and...
Trade secrets are a form of intellectual property which can be broadly described as information which is known only by a particular business and is used by that business to obtain an advantage over it...
South Africa, being blessed with an abundance in natural resources, naturally, sees its fair share of patent applications directed towards a process or apparatus for producing a product. In terms of...
Micro-organisms, although the subject matter of patent applications from as early as 1873 internationally, are fast becoming a focus area in South African local patent practice. The reason for this is...
Not only are Duran Duran, the synthpop sensation of the 1980’s, still around, but they were recently successful in an application to appeal against a judgment of the English High Court handed down in...
Registered trademarks have in the past often been considered the only way to protect icons, logos, graphic symbols, surface patterns and ornamentation which we will collectively call logos. However, l...
Well, not much…but, a lot more this time around.The Copyright Amendment Bill was first published in 2015 for public comment, and was predominantly met with a large amount of criticism. Whilst it was c...
Johannesburg, June 2017. KISCH IP is proud to have featured strongly in Legal 500’s recent “The Legal 500 Europe, Middle East & Africa” rankings for 2017 with the firm being recommended as well as...
Nestlé, the Swiss confectionary company, may need to follow its KitKat slogan and take a break from its ten-year battle with Cadbury to get the particular shape of its four-fingered chocolate bar reco...
What constitutes parallel imports or grey goods?A parallel import (also referred to as “grey goods”) is a genuine product which is imported from another country without the consent of the Intellectual...
With the release of the much-anticipated live action superhero movie starring Gal Gadot, Wonder Woman is in the limelight as never before. DC's iconic heroine has never been difficult to find in comic...
The relevant Act that governs and regulates labelling of wine products is the Liquor Products Act 60 of 1989 (“the LPA”). The LPA has specific regulations as well as a labelling guide that prescribes...
CONGRATULATIONS you have manufactured a new craft beer and people love it! You have an interesting name and a creative logo that you apply to your craft beer…but is your brand protected?As an example,...
The term “biopiracy” was coined to refer to the appropriation of plants and traditional knowledge by corporations and other entities for their own financial gain.With recent legislation coming to the...
While the Madrid system in Africa may not function as effectively as it does in other parts of the world, there is certainly progress being made on implementing laws and streamlining procedures in som...
Starting a business can be a daunting task if you do not know where to begin. Your brilliant idea is merely the beginning of your journey to becoming an entrepreneur. There are a number of administrat...
Over the last few years an uprising of the craft beer industry and microbreweries has squeezed business away from traditional brewers on a worldwide scale. With this upward surge in a shift in beer d...
African Regional Intellectual Property Organization (“ARIPO”) provides a useful regional system to obtain patent protection in African countries which are contracting states of ARIPO. ARIPO is empower...
It is safe to say that by this stage almost everyone in the world knows the name “Trump” and that the US President Donald Trump’s eldest daughter’s name is Ivanka. It was recently reported in the Trad...
There have been many reports about the future of Advertising Standards Authority (“ASA”) in the recent months but it appears that the ASA is alive and kicking, with no hint of it going anywhere. If an...
The recent investigations into the construction and banking industry regarding collusion and cartel behaviour, has highlighted the consequences thereof in terms of the Competition Act. As of 1 May 201...
WHAT IS A GENERIC TRADE MARK?Most people have heard of a generic term or a generic medicine but what is a generic trade mark? Over the years certain trade marks such as ASPIRIN, ESCALATOR, CELLOPHANE,...
Most directors and shareholders of companies are aware that they may be held liable in their personal capacities for actions contravening the Companies Act. There is, however, little awareness of the...
So, you think you’ve solved the energy crisis with an invention that is novel, inventive and industrially applicable? Clearly the invention should be patentable to satisfy the requirements of section...
Fans of electro house music will be familiar with the artist who goes by the name of “DJ Deadmau5” (which is apparently pronounced “dead mouse”). He’s a huge hit in the industry.A few years ago DJ Dea...
In grappling with the question as to whether DNA is a patentable invention or a mere discovery, scientists and patent lawyers have been at loggerheads for years. The South African Patents Act states t...
On 1 April 2016, the Supreme Court of Appeal (SCA) upheld an appeal by Merial, Merial Limited and Merial South Africa (Pty) Ltd (Merial), against Cipla Vet (Pty) Ltd (Cipla). The SCA found that Merial...
