In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put, an NFT is a digitally stored asset in which the subject can vary from art to music and all forms of media in-between. The co-founder of Twitter has gone
In a recent ruling relating to the well-known “Please Call Me” (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered the defendant to go back to the drawing board and recalculate the amount of compensation that it believes should be paid to the plaintiff, being a former employee who
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. In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in different countries and lengthy
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
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 a boda”, for the purchase of motorcycles, also known as a “boda boda” in Kenya. The Petitioner was a boda boda driver and made a
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
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 the context of opposition proceedings which culminated in an appeal to that court The Appellant in this case was The Procter & Gamble Company, or
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
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
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
