Articles

Bringing you the latest news and views from across Africa.

A PATENT DISPUTE DECIDED BY THREE WORDS

What Kreepy Krauly, Siri and AI-assisted drafting teach us about patent claims For many South Africans, the rivalry between Kreepy Krauly and Baracuda was the swimming pool equivalent of Coke and Pepsi. Throughout the 1980s and 1990s...


06 Aug 2026

GOALS, TRADE MARKS AND TROPHIES: FIFA’S WORLD CUP 26™ IP PLAYBOOK

Now that the tournament has concluded, we have gone to ‘VAR’ for one final review of the intellectual property operating behind football’s biggest stage. Behind the spectacle, lies an extensive intellectual property framework that protects...


21 Jul 2026

The PROVITA/SNACTIVE Appeal: Why Trade Mark Filing Strategy Matters

A trade mark registration is only as strong as the strategy behind it. The recent appeal between National Brands Limited and Continental Biscuit Manufacturers (Pty) Ltd illustrates this perfectly.


16 Jul 2026

CLASH OF THE BRAND GIANTS: 7-ELEVEN VS NIKE

What comes to mind when you see a combination of orange, green and red stripes? For 7‑Eleven, the answer is clear. After decades of extensive use, the retailer contends that its distinctive tri-colour stripe branding has become an instantly recognisable badge of origin...


15 Jul 2026

Competition Commission Proposes Market Inquiry into South Africa’s Franchising Sector

South Africa’s franchising sector is set to come under increased regulatory scrutiny following the Competition Commission’s publication of draft Terms of Reference for the proposed South African Franchise Market Inquiry.


14 Jul 2026

Who owns your logo? The answer might surprise you

A logo is often treated as something a business naturally owns. It appears on the website, email signatures, packaging, proposals, invoices, social media pages and marketing material. It may have been used for years and may be closely associated with the business in the minds of clients, customers and suppliers.


13 Jul 2026

South Africa’s Draft Food Labelling Regulations (R.3337): Current Status and Practical Steps for Manufacturers

Draft Regulation R.3337 was published for comment in April 2023. However, it remains a draft three years later. As such, the calls for implementation continue from civil society organisations and industry stakeholders, based primarily on the health issues facing South Africans.


13 Jul 2026

South Africa's Evolving Non-Proliferation Framework: Implications for Innovation, Intellectual Property and Commercialisation

With South Africa's chemical controls notice becoming due for its scheduled review and amendment, relevant stakeholders should remain alert to the publication of the updated notice, which may introduce changes affecting regulated activities..


10 Jul 2026

Constitutional Court delivers landmark Copyright Bill judgment

The Constitutional Court recently handed down its much-anticipated judgment in Ex parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill [2026] ZACC 26, marking a significant development in South Africa’s copyright law reform process.


09 Jul 2026

NEWSFLASH: Madrid System Fees - Jersey (Bailiwick of Jersey)

WIPO has published Madrid System Information Notice No. 32/2026 confirming that, with effect from 01 August 2026, individual fees will apply where Jersey (the Bailiwick of Jersey) is designated under the Madrid System.


29 Jun 2026

AI-Generated Inventions and Patent Ownership in South Africa

Artificial intelligence has become an integral part of research and development across industries ranging from pharmaceuticals and biotechnology to mining, engineering, software development and advanced manufacturing.


29 Jun 2026

The Cost-Benefit Analysis in Global Trade Mark Protection

National borders are increasingly less relevant to how brands are used, but trade marks are still the key to how brands are protected legally.


24 Jun 2026

A New Era for Trade Mark Protection in the Maldives

The Maldives is on the cusp of significant transformation in trade mark protection with the introduction of its first dedicated Trademark Act (Law No. 19/2025).


05 Jun 2026

South Africa’s 2026 CPA Amendment Regulations and the National Opt Out Regime

On 15 April 2026, the new regulations to the Consumer Protection Act came into effect. These Regulations fundamentally change how unsolicited electronic marketing, such as spam calls, SMSs and digital platform messages, are regulated under the CPA.


04 May 2026

NEW REGULATION: Mayonnaise, Salad Cream and Salad Dressing Labelling Requirements

A new set of regulations has been published under the Agricultural Product Standards Act governing the classification, packing, and marking of mayonnaise, salad cream, salad dressing, and salad oil dressing intended for sale in the Republic of South Africa.


24 Apr 2026

Before the Starting Gun: How Innovation and Patents Are Reshaping Modern Sport

From the roar of the crowd to the split-second finish at the line, sport is built on performance. But behind every world record, lighter racket, smarter ball or faster shoe lies a quieter competition; one fought in research labs, design studios and before Patent Offices. Innovation is the unseen athlete of modern sport and patents are its medals.


23 Apr 2026

Why IP Ownership Comes First: Lessons from Latib v Bonitas Medical Fund

The decision in Latib v Bonitas Medical Fund provides a clear cautionary reminder of a foundational principle of intellectual property law: only the owner of intellectual property, or a party authorised by the owner, may enforce rights in that property. Although the matter arose in the context of contractual and settlement disputes, the case ultimately turned on a decisive intellectual property issue.


21 Apr 2026

NCC sanctions against we buy cars: Pivotal lessons for suppliers of pre-owned vehicles

The National Consumer Commission (‘NCC’) has delivered a significant decision which can only have wide-ranging implications for suppliers in the pre-owned motor vehicle industry. In a landmark enforcement action, the NCC has imposed sanctions against We Buy Cars (‘WBC’) for various contraventions of the Consumer Protection Act 68 of 2008 (‘CPA), reinforcing the limitation of the supplier’s ability to contract out of statutory provisions which seek to protect consumers and their rights.


17 Apr 2026

No Springboarding: Interdict Ordered Against Unlawful Use of Confidential Information

The North West High Court recently decided in favor of the protection of a company’s confidential information and trade secrets involving two former senior employees. DISPRO TECH SA (PTY) LTD (the applicant), a specialist gas emission testing company in the mining sector (one of its kind in South Africa), approached the court after discovering that two of its former senior employees established a competing business shortly after leaving employment.


14 Apr 2026

UPC Claim Construction: What South African Practitioners and Clients Should Know

The Unified Patent Court (UPC) has changed European patent litigation from a set of national contests into a single high-stakes forum in many cases. For South African practitioners and clients who file through the EPO, this is significant since claim construction now affects both pan-European enforcement and pan-European revocation. During the transitional period (until 31 May 2030), conventional European patents may still be litigated nationally or opt out of the UPC. However, once you have opted in, you cannot opt out of Unitary Patents.


10 Apr 2026

The Inventor’s Gateway: Financial Support Systems Shaping South Africa’s IP Future

South Africa remains a continental leader throughout Africa in intellectual property (IP) governance. South Africa’s patent landscape reflects a dual character: it is both a regional leader in Africa and a system that is heavily dependent on foreign innovation. Although the country ranks 46th globally in patent applications, recent data indicates a decline in filings, particularly among resident applicants.


08 Apr 2026

Updated Regulations on Vinegar Product Labelling in South Africa: What Has Changed & How to Avoid the Sour Taste

Effective immediately from 13 March 2026, amendments to the Regulations Relating to the Classification, Packing and Marking of Vinegar and Imitation Vinegar have come into force under the Agricultural Product Standards Act, 1990 (Government Notice No. R.7218, the ‘Amendments’). The Amendments introduce important changes affecting class designations, acidity declarations, marketing claims and supply‑chain transparency for vinegar products sold in South Africa.


19 Mar 2026

NEWSFLASH: New regulations relating to vinegar and imitation vinegar labelling regulations

Effective immediately from 13 March 2026, South Africa has amended the Vinegar And Imitation Vinegar Labelling Regulations, with immediate consequences for packaging, class designations, acidity statements, and front-of-pack claims.


16 Mar 2026

NEWSFLASH: Deadline for Comments – Proposed New Class in Raw Processed Meat Regulations

The Department of Agriculture is seeking industry input on the possible introduction of a new class in the Certain Raw Processed Meat Product Regulations for a “new” econo or value product consisting of raw minced meat or raw mixed-species minced meat combined with mechanically deboned meat (MDM), edible offal, spices, and water.


10 Mar 2026

The South African Patent Office is offering free substantive search and examination

Under the current South African patent system, the Patent Office does not substantively examine patent applications for novelty or inventiveness before grant. Instead, South Africa operates what is commonly referred to as a non-examining (or depository) system, in terms of which it is the responsibility of the patent applicant to ensure that the claims define an invention that is new and inventive over the state of the art.


26 Feb 2026

Companies Tribunal: Company Name Amendment Ordered Due to Pre-Existing Trade Mark Rights

The Companies Tribunal on 13 February 2026 issued a decision regarding a company name objection based on trade mark rights, in the matter of Assembled Investments (Pty) Ltd (the applicant), and Rosemary (Pty) Ltd (the first respondent), with the Registrar of Companies as the second respondent.


26 Feb 2026

What’s New in the 13th Edition of the Nice Classification (2026)

The adoption of the 13th Edition of the Nice Classification, the international system for categorising goods and services for trade mark purposes, introduces a number of structural reclassifications for new trade mark applications. This edition seeks to better reflect modern commerce, emerging technologies and functional distinctions between goods and services.


10 Feb 2026

South Africa Implements Electronic Issuance of Patent Certificates

The Companies and Intellectual Property Commission (CIPC) has announced that, with effect from 2 February 2026, all South African patents and patents of addition will be issued electronically. Certified copies will likewise be issued in electronic form only.


29 Jan 2026

South Africa: New Plant Improvement Act now in force – What industry participants need to know

The Plant Improvement Act, 2018 (Act 11 of 2018) and its Regulations are in operation with effect from 1 December 2025, replacing the previous Plant Improvement Act, 1976 framework.


26 Jan 2026

Zambia Implements Major Intellectual Property Reforms with New Trade Marks Act

Zambia has introduced significant changes to its trade mark laws through the Trade Marks Act No. 11 of 2023, which officially came into effect on 31 December 2025. This new Act replaces the outdated 1958 legislation and Zambian trade mark law more into alignment with international standards.


07 Jan 2026