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

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

The Metaverse and trade marks – new world, same rules?

By |2022-05-09T13:19:22+00:00May 9th, 2022|Adams & Adams, Articles, Guides|

In October 2021, Meta shared a video on YouTube entitled “The Metaverse and How We’ll Build It Together — Connect 2021”.[1] Around this time, the company also announced its rebranding from Facebook to Meta.[2] The new company name seemingly signifies its focus on building the Metaverse. In the said video, Mark Zuckerberg refers to “an embodied

The tea on NFT’s, IP and Web 3

By |2022-04-19T09:37:37+00:00April 4th, 2022|Adams & Adams, Articles|

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

Matter over mind – The advisability of concluding agreements in writing re-emphasised

By |2022-04-19T09:38:29+00:00April 4th, 2022|Adams & Adams, Articles|

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

Petition made on constitutional grounds to the Kenyan High Court to protect image rights

By |2022-03-10T05:27:31+00:00March 5th, 2022|Adams & Adams, Articles|

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

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

A Long Road, Less Travelled, to Protect the SEVEN SEAS Label Trade Mark

By |2022-03-10T05:37:34+00:00February 5th, 2022|Adams & Adams, Articles|

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

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