South Africa – The Value of a Patent in South Africa (Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP
On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer.
South Africa – Agriculture: False and/or Misleading Trade Descriptions that are Registered as Trademarks are on the Chopping Block
South Africa’s food, alcohol and agricultural laws all contain a similar provision prohibiting the use of false and/or misleading descriptions of the relevant commodity. These prohibitions extend not only
Petition made on constitutional grounds to the Kenyan High Court to protect image rights
In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get
SA Court Confirms Position on Non-essential Integer and Grants an Urgent Interim Interdict
The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et
A Long Road, Less Travelled, to Protect the SEVEN SEAS Label Trade Mark
In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in
Practitioner’s guide to intellectual property law
Intellectual Property (IP) is one of the most dynamic and debated fields of law, on international as well as on national level, consistently forcing countries to adapt to developments
Design Registration Infringement – A Refresher of Old Lessons Learned
Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles. The
Microsoft vs You First Mobile: Security for Costs Under the South African Patents Act and Compelling Discovery of Foreign Search Reports
You First Mobile (Pty) Ltd instituted an action against Microsoft (Pty) Ltd for infringement of its South African patent. Microsoft in turn brought an interlocutory application against Your First
Protecting Brand Integrity Through Certification Trade Mark Protection
In a recent order by Gauteng Division of the High Court, the South African Bureau of Standards (SABS) was awarded damages for the unlawful use of its certification trade
Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa
Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This
Counterfeit Hotspots in South Africa That Brand Owners Must Be Aware Of
In a new regular series on WTR, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. To do this, we speak with local
COVID: Incorporating Marks in a Global Pandemic – To File or Not to File
It has been widely reported in the National Law Journal that hundreds of applications have been filed with the U.S. Patent and Trademark Office attempting to register marks incorporating
