Department beefs up enforcement of Regulations

By |2022-09-15T08:48:55+00:00August 14th, 2022|Adams & Adams, Articles|

It has been just under a month since the Department of Agriculture, Land Reform and Rural Development released a directive warning that certain meat analogue products are in contravention of local regulations relating to the packaging and labelling of processed meat products in SA (Regulation 1283 of 2019) in that they bear product names

Adams’ Anti-Counterfeiting Team deals another blow to manufacturers of counterfeit engine lubricant and oil products

By |2022-09-15T08:49:25+00:00August 12th, 2022|Adams & Adams, Articles|

After thorough investigations by the firm’s internal private investigators, the Anti-Counterfeiting Team of Adams & Adams recently collaborated with the HAWKS (SAPS) in two provinces to clamp down on syndicates dealing in counterfeit engine lubricant and oil products. In the first operation in Gauteng, the team managed to identify and take down a manufacturing facility

Partial Patent Waiver for COVID-19 vaccines

By |2022-09-15T08:49:55+00:00August 2nd, 2022|Adams & Adams, Articles|

Participating countries attending the 12th Ministerial Conference of the World Trade Organization (WTO) in Geneva, Switzerland reached an agreement on 17 June 2022 to partially waive intellectual property restrictions on the manufacture and production of COVID-19 vaccines for the next five years. The partial waiver provides that developing nations may authorise the use of

SOUTH AFRICA: COPYRIGHT AMENDMENT BILL

By |2022-07-12T11:00:41+00:00July 12th, 2022|Adams & Adams, Guides|

On 12 May 2022, the Constitutional Court[1] heard argument on whether it should confirm the 2021 Gauteng High Court ruling (in the matter of Blind SA v. Minister of Trade, Industry and Competition and others[2]) which declared the Copyright Act unconstitutional for not providing copyright exceptions to allow organizations representing blind and visually impaired persons to make accessible

Choosing a ‘good’ trade mark (a lawyer’s take)

By |2022-06-22T13:15:55+00:00June 12th, 2022|Adams & Adams, Guides|

Thinking of a new brand name? There is a chance that the name you are thinking of using for your new business might not be protectable or that the use thereof can get you into a legal dispute. There is a lot at stake when making this decision. You may find yourself in a

A token Approach – Web3 domains

By |2022-07-12T11:01:08+00:00June 10th, 2022|Adams & Adams, Articles|

Since 2021, we have seen the rise and rise of NFTs (non-fungible tokens). The NFT boom has been powered by the sale of NFT artwork, the first-ever tweet on Twitter and even popular memes, which have all fetched a pretty penny. The hype following the minting and sale of some NFTs has also brought

Cosmetic on the face of it? Patentability of methods of cosmetic treatment practiced on the human body in South Africa

By |2022-06-10T12:18:28+00:00May 27th, 2022|Adams & Adams, Articles|

South Africa, just like many other countries, has a set of legal provisions pertaining to subject matter for which patent protection may not be obtained. For example, and relevant for present purposes, in terms of section 25(11) of the South African Patents Act (“the Act”), inventions which are directed to methods of treatment on

Jailed for being a blabbermouth – what you need to know about trade secrets

By |2022-06-08T09:11:08+00:00May 25th, 2022|Adams & Adams, Articles|

It is no secret that trade secrets are very valuable intellectual property on which a business empire can be built. Simply look at KFC’s classified blend of eleven herbs and spices; Coca-Cola’s famously secret recipe; Google’s search algorithm; or any well-known perfume. Almost like the plot of a great spy film, trade secrets, their

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

A positive step for the Border Management Authority

By |2022-05-09T13:23:59+00:00May 9th, 2022|Adams & Adams, Articles|

It is a well-known fact that counterfeit and illicit goods trade is causing an immeasurable harm to an already struggling South African economy. In 2019, his excellence President Cyril Ramaphosa in particular acknowledged the severe negative impact that this phenomenon has on the local economy and pledged that government would do more in an

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