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So far Adams & Adams has created 13 blog entries.

Important trade mark and passing-off finding: Cairns Foods Limited v Netrade Marketing (PTY) Ltd

By |2022-06-10T12:17:50+00:00May 18th, 2022|Adams & Adams, Guides|

This is an appeal decision relating to Cairns Foods Limited and Netrade Marketing, two companies in the business of producing and marketing food products, in particular, fruit jam. Cairns Foods extensively used its SUN and device label trade mark in respect of jam products for over 50 years and has a reputation in the

South Africa – Agriculture: False and/or Misleading Trade Descriptions that are Registered as Trademarks are on the Chopping Block

By |2022-03-10T05:26:52+00:00March 5th, 2022|Adams & Adams, Guides|

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 to descriptions that are applied to the labels of these commodities but also extends to the advertising thereof. Under the regulatory framework, inspectors of the

SA Court Confirms Position on Non-essential Integer and Grants an Urgent Interim Interdict

By |2022-03-10T05:36:54+00:00February 17th, 2022|Adams & Adams, Articles|

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 al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Judge Fourie sitting as Commissioner of Patents recently handed down judgment wherein an interim interdict

Practitioner’s guide to intellectual property law

By |2022-06-10T12:19:32+00:00January 5th, 2022|Adams & Adams, Guides|

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 in commerce, trade and industry, and in scientific and artistic creativity. For over a century, Adams & Adams has been at the forefront of Intellectual

Design Registration Infringement – A Refresher of Old Lessons Learned

By |2022-01-07T06:16:16+00:00January 5th, 2022|Adams & Adams, Articles|

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 trial took place in May 2020 and was the first trial concerning intellectual property to take place virtually in South Africa. Sports bars and nudge

Microsoft vs You First Mobile: Security for Costs Under the South African Patents Act and Compelling Discovery of Foreign Search Reports

By |2021-12-01T13:46:57+00:00November 30th, 2021|Adams & Adams, Articles|

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 Mobile to (1) compel You First Mobile to furnish it with the prescribed particulars of search reports issued in foreign jurisdictions in respect of foreign

Protecting Brand Integrity Through Certification Trade Mark Protection

By |2021-12-01T12:55:54+00:00November 25th, 2021|Adams & Adams, Articles|

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 mark by a supplier of sanitisers and disinfectants. The SABS became aware of the manufacturer falsely using the ‘SABS Approved’ certification mark on its sanitisers

Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa

By |2021-12-01T13:47:27+00:00November 18th, 2021|Adams & Adams, Guides|

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 question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in September 2021.  The case involved the Federation

Intellectual Property Law South Africa: Ways to Protect Your Intangible Assets

By |2021-09-19T10:46:46+00:00September 15th, 2021|Adams & Adams|

Intellectual property assets are vital for creating shareholder/stakeholder value and can oftentimes be more valuable to a business than tangible assets. Intellectual property value will vary from business to business. To recap from our previous article that elaborates on the types of intellectual property, IP law protects intangible assets such as patents, design, trade

What Is a Registered Design?

By |2021-10-12T08:14:55+00:00September 15th, 2021|Adams & Adams, Guides|

South Africa has many talented designers active in the field of furniture and lighting, cutlery, crockery, textiles, jewellery and wine and product labels. South African designers and their product designs are highly regarded both locally and internationally and many of them have exhibited, and sold their products overseas. Some of the local trend setters

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