The South African Competition Commission has launched an investigation into insulin pen manufacturers Novo Nordisk and Sanofi Aventis. According to the Health Justice Initiative (HJI), the probe aims to determine whether multiple device patents and proprietary designs for insulin pens and cartridges are being used to stifle competition and block alternative suppliers from entering the market.
In South African patent law, "selection patents" relate to inventions that involve selecting particular elements or subgroups from a broader known class of compounds, processes, or materials, where the selected subgroup or element demonstrates special properties or unexpected advantages compared to the larger class from which they are chosen.
The recent gazetting of the Legal Sector Code by the Minister of Trade, Industry, and Competition marks a new phase in South Africa’s Broad-Based Black Economic Empowerment (B BBEE) framework (Department of Trade, Industry and Competition, 2024).
After being involved in a 9 year long legal battle, the Supreme Court of Appeal agreed with the High Court full bench that the TAKIS mark owned by Takis Biltong (Pty) Ltd and the TAKIS FUEGO mark owned by Grupo Bimbo S.A.B DE C.V are likely to cause confusion and/or deception amongst the public. The judgement of December 2023 was decided in favor of Takis Biltong, ordering that Grupo Bimbo’s TAKIS FUEGO trade mark registration is to be cancelled.
2023 saw a massive wave of interest in AI, and it is a dramatically growing industry – indicators suggest that the market size of AI is projected to grow at a compound annual growth rate of 36.6% from 2024 to 2030.[1] As an attorney specializing in intellectual property law in South Africa, I commented on the copyright in AI-generated works in April 2023, which remains relevant. A copy of that article can be accessed here.
The convergence of insolvency proceedings and intellectual property management necessitates a nuanced understanding of the legal frameworks and operational mechanisms that govern these fields. This article delves into the implications of liquidation and business rescue processes on intellectual property (IP) assets, which are crucial yet often forgotten components of a company’s valuation.
The South African government, like in several other countries, has recognised the need for private sector research and development (R&D).
In the multifaceted world of Intellectual Property, securing robust patent protection is a strategic necessity for inventors and businesses alike. Among the tools available to patent applicants, divisional patent applications stand out for their ability to enhance the scope and flexibility of patent rights.
In the Advertising Regulatory Board (ARB) decision dated 16 July 2024, the ARB acknowledged that Procter & Gamble SA (Pty) Ltd had taken a positive step towards realistically depicting menstruation in advertisements.
A landmark Treaty recently passed by the World Intellectual Property Organization (WIPO) aims to safeguard Africa's genetic resources and associated traditional knowledge, marking a significant step in combating biopiracy.