Intellectual Property

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.

What happens in the instance where a trade mark is erroneously registered or erroneously remains on the register? A trade mark which for whatever reason should not have proceeded to registration or wrongfully remains on the register, may be cancelled through trade mark cancellations proceedings.

25 May 2024 marked Africa Day, in celebration of the 61st anniversary of the African Union (AU), an organisation guided by the vision of “an integrated, prosperous and peaceful Africa, driven by its own citizens, and representing a dynamic force in the global arena.”1

Owners of well-known brands understand that intellectual property infringement proceedings can be brought in each territory where they have enforceable intellectual property rights and the unauthorised use has allegedly taken place.

Since the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) came into effect, the courts have been seemingly reluctant to rely on POPIA in their judgments pertaining to privacy and data protection.