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

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

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

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

By |2022-03-10T05:26:15+00:00March 5th, 2022|Adams & Adams, Guides|

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 – 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

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

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

COVID: Incorporating Marks in a Global Pandemic – To File or Not to File

By |2021-11-05T13:51:32+00:00November 2nd, 2021|Adams & Adams, Guides|

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 the word COVID since the pandemic began last year. Some of the examples of applications that have been reported are COVID-19 VIRUS FREE GUARANTEED for

A Fast Way to Lose Your Patent Rights

By |2021-10-15T07:54:43+00:00October 12th, 2021|Adams & Adams, Guides|

Recent reports of a sharp increase in the number of South African patent applications that are being filed along with requests for expedited acceptance brings to mind the well-known fable of the tortoise and the hare. The hare, confident in the superiority of its speed, challenged the tortoise to a race. The hare quickly

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