Bringing you the latest news and views from across Africa.
LIONEL TRIUMPHS IN A “MESSI” TRADE MARK BATTLE Barcelona football star, Lionel Messi has emerged victorious in a trade mark dispute over his name that has raged on for nearly a decade. The decision o...
Section 11D of the South African Income Tax Act (the “Act”), makes provision for a tax incentive scheme, commonly referred to as the Research and Development (R&D) tax incentive. The R&D tax i...
“I CAN’T BREATHE”– THE ETHICS AND FEASIBILITY OF TRADE MARK REGISTRATIONS IN THE CONTEXT OF SOUTH AFRICA It goes without saying that the statement “I CAN’T BREATHE” stirs up an uproar of emotions wor...
Social media platforms Instagram, Facebook and TikTok have provided a (sometimes dangerously) easy way for wannabe celebrities to get themselves into the public eye. In past decades, becoming famous,...
The development of novel or blockbuster drug compounds invariably requires an initial search to determine whether target compounds have already been synthesized and are protected by a patent.Several c...
It has widely been reported in recent months that the SABC collectively owes approximately R 250 million in unpaid royalties to musicians and other artists.If you are an active user of any of the vari...
What is a registered company name?A registered company name is the name which has been reserved, registered and been afforded aregistration number by the Companies and Intellectual Property Commission...
Sun Tzu, in his renowned work “Art of War” said, that “[t]o fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking down the enemy’s resistance without...
“If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may mak...
2020 has seen the like of MS Teams, Zoom, Google Meet and WhatsApp becoming the new norm when doing business in a COVID-19 world and with many companies opting to continue having their employees work...
Africa has seen a substantial increase in investment and growth over the past 50 years and, as a result, it is increasingly being targeted as a market for counterfeit goods. “While the demand for bran...
In order for a trade mark to be registrable it must be distinctive and capable of distinguishing one party’s products from those of other parties operating in a similar field of trade. Ideally trade m...
As Albert Einstein said, “We can't solve problems by using the same kind of thinking we used when we created them.” E-commerce has forever changed the way we shop for consumer goods and services. It h...
The importance of breach protocols and proceduresBy Anola Naidoo (Associate at KISCH IP - commercial department)Cyber-attacks, ransomware and data breaches are becoming increasingly more frequent and...
On the 1st July 2020, the Protection of Personal Information Act (POPIA) 4 of 2013 (“the Act”) became effective. The Act requires all businesses which process personal information of both natural pers...
Various countries across the globe are in a race against time to develop the first vaccine for COVID-19. While Russia has reported a possible vaccine for the virus, some scientists have argued that th...
The advent of the global COVID-19 pandemic has been a challenging time for individuals and businesses alike. It has resulted in the need for many to work remotely through the use of technology. These...
The short answer is “no…and yes”. Here’s the long answer…The Advertising Regulatory Board (ARB) is an independent entity established and funded by the marketing communication industry, to regulate adv...
The design and manufacture of a mould often requires great effort, skill and expenditure by a proprietor. As such, it is of great importance to a proprietor that their mould is protected so as to prev...
The hit Netflix true crime documentary series, Tiger King, is the global spectacle we didn’t know we needed, but now can’t stop talking about in a time when meaningful topics of conversation are few a...
The elements of this article contain an introduction South Africa to foreign investors and to provide context in terms of the country’s ease of doing business and the first steps of establishing a bus...
To be an inventor does not always mean that you come up with novel inventions but it often also encompasses a continuous search to add to, improve or modify existing inventions. It often happens that...
In terms of the South African Patents Act (the “Act”), the Registrar is directed to examine every application for a patent and every complete specification accompanying the application, or lodged at...
On 16 June 2020, President Cyril Ramaphosa referred the proposed Copyright and Performers’ Protection Amendment Bills back to the National Assembly for re-consideration.Since 2017, the government has...
Establishing your business online helps you reach a larger audience and expand your brand beyond the scope possible through traditional brick and mortar sales channels. Part 1 assisted with legal cons...
The rise of counterfeit consumables has increased exponentially over the past few years across the African Continent. A cause for major concern as many of these cases end in a fatality…Everyone needs...
Most brand owners go through the process of registering their trade mark to obtain proof that they own the brand and importantly to stop others from using it without permission.The protection of your...
A 13-year old boy from Bultfontein invented a simple golf practice tool during COVID-19 lockdown measures for golfers to use at home, and a provisional patent application has been prepared and filed p...
The Oxford dictionary defines an emoji as a small digital image or icon used to express an idea or an emotion. Emojis are arguably the fastest growing language used on WhatsApp, text messages, emails...
With no vaccine, and social distancing here to stay, businesses are having to adapt in order to survive and operate during the Covid-19 pandemic.With all online shopping now permitted by government, m...
As we are all too well aware, the sporting world has not outrun the COVID-19 pandemic. Weekends usually spent immersed in live sporting action are now occupied with replays of iconic sporting moments...
Competition is the backbone to any thriving economy. It promotes innovation through new entrants, motivates better quality goods and services, and results in favourable price points for consumers. Ent...
“A trade mark. A badge. Origin. Three different concepts. Used together, there is only one concept, namely, a trade mark is a badge of origin.” – Judge CJ van der Westhuizen’s opening statement in his...
As South Africa has moved from level 5 to level 4, many new companies qualify to operate under level 4 status and will need certificates to enable them to do so, per the Amended State of National Disa...
“If you destroy a free market, you create a black market. If you make ten thousand regulations you destroy all respect for the law”- Winston Churchill It is known to all South Africans that the trade...
Following hundreds of complaints on social media and to various Governmental Institutions, the Competition Commission recently released a media statement addressing anti-competitive conduct during the...
A patent is an exclusive right in the form of a limited monopoly that is granted by a country to a patentee for a new invention that involves an inventive step and which is capable of being used or ap...
Counterfeiters first in line to sell “cure” for COVID19 For the first quarter of 2020, COVID19 (aka Coronavirus) has been a substantial part of the news and has all but consumed our lives, suffice to...
It’s been fewer than six months since a novel coronavirus was discovered and this disease known as Covid-19 has since taken the world by storm affecting 185 countries, infecting close to 2.5 million p...
Westport is a small, beautiful town in Ireland which is home to around 6000 people. It would be completely unremarkable (save, perhaps, as one of the nicer places in the world to live and for its prox...
As the COVID-19 pandemic has spread across the globe over the last few months, a race against time has ensued as companies scramble to find a cure and be the first to own patent rights to a vaccine ag...
Amidst the Global COVID-19 pandemic that has shaken our world to the core, and simply changed the way we think and behave, many large brands have created new trade mark logos to promote our new ethos...
Under the current COVID-19 lockdown circumstances in South Africa, the Companies and Intellectual Property Commission (CIPC) recently announced a closure of the Patents & Designs, Copyright and Tr...
As KISCH IP’s value-add to the community, we are assisting all our clients in South Africa who qualify as ‘essential services’ with obtaining certificates from the Companies and Intellectual Property...
Johannesburg, 31 March 2020 In this day and age, almost anything and everything can be purchased online. With this being the case, it is difficult to ascertain if the product bought is authentic and...
The Cambridge Dictionary defines a force majeure as an “unexpected event such as a war, crime, or an earthquake which prevents someone from doing something that is written in a legal agreement”.The do...
Good progress has been made in South Africa to establish and provide for the adequate protection of traditional works over the past few years. One of the first being the formulation of the Intellectua...
The Copyright Act 98 of 1978 (the Act) governs the law of copyright in South Africa. In terms of the Act, a computer program is eligible for copyright protection if certain conditions are met.The Act...
The ongoing coronavirus pandemic has plunged the world into an unprecedented global crisis, as nations grapple to reign in the spread of the disease through government-imposed lockdowns and self-isola...
Dear valued Clients and Colleagues,SOUTH AFRICA IN LOCKDOWN AT LEAST FROM 27 MARCH TO 16 APRIL 2020South Africa’s President, Cyril Ramaphosa, announced on Monday 23 March 2020, that the country will b...
The current Exchange Control Regulations place restrictive controls on the transfer of South African owned intellectual property (IP) to any persons or entities outside of South Africa. South African...
Dear valued Clients and Colleagues,The outbreak of the COVID-19 pandemic has reached global proportions in a relatively short period of time and has quickly become a human crisis with an equally sever...
Have you ever wondered if the honey you are buying is truly what it attests to be on its label, that is, “pure”, “natural”, “raw”, or straight from the hive? It appears that most honey products on th...
Unlike any other facet of intellectual property, registered trade marks afford protection against infringing third parties in perpetuity (provided that the registered mark is renewed every 10 years)....
It is a beautiful Monday morning and you are on your way to work. You stop at your local coffee shop for your caffeine fix and witness the barista struggling to move a 2kg bag of medium roasted Brazil...
Recognising and evaluating the target market that a product or service is aimed at, can be a material factor at play in determining whether a trade mark constitutes a third-party infringement or not.T...
In August 2019, Maya Wegerif, better known as Sho Madjozi, made a name for herself when she released her “John Cena” track on which she mainly raps in Swahili. However, she clearly mentions John Cena’...
For those following the ongoing developments surrounding cannabis legalisation in South Africa, the publication of Government Notices R755 and R756 in May last year was met with considerable interest....
It is a tale as old as time if you are an ersatz litigator – you lose once, you try again, regardless of merit and good faith. The notorious second, third and fourth bite at the cherry. Litigation is...
CIPC MANDATORY COMPLIANCE CHECKLISTP Section 33(1) of the Companies Act 71 of 2008 (as amended) (“Companies Act”), states that every company must file an Annual Return. The Companies and Intellectual...
Reports have been circulating that the Protection of Personal Information Act, Act No 4 of 2013 (“POPIA”) is to be implemented on 1 April 2020. Although POPIA became law on 19 November 2013, the parts...
Conditional acceptance of trade mark applications in South Africa explainedOnce trade mark applications are filed, they are examined by the Registrar about eight to ten months from date of application...
Often in this day and age we spend so much time checking, double checking and then triple checking everything that we intend to post on social media. The reason for this is that much of our fate, good...
On 30 October 2019, Bill C-43 – Economic Action Plan 2014, Act No. 2, came into force in Canada. This resulted in changes to Canada’s Patent Act and Patent Rules. The reason for at least some of the c...
