Adams & Adams

Protecting your ideas in Africa

Africa is becoming an increasingly attractive market for products and services both from a South African and a broader perspective. With increased opportunities comes increased risk, however, and this risk must be managed when you decide how to protect your intellectual property in the region.

Intellectual property (IP) is territorial in nature. That means it is necessary to take steps to protect your IP in countries that may possibly fall outside your immediate sphere of business to ensure that your rights are protected in future should you decide to enter regional markets down the line.

Commercial law division turns two!

The commercial law division which forms part of the Commercial, Property and Litigation Department, is turning two.

The department is headed up by partner André Visser, who has been practising for almost 20 years. He has extensive commercial law experience, particularly in project finance, mergers, acquisitions, corporate law, information technology, and exchange control and tax law. Visser holds BComm and LLB degrees from the University of Pretoria, with post-graduate qualifications in HDip Tax and HDip International Tax from the University of Johannesburg (formerly RAU).

Competition law increasingly relevant

The Competition Commission is celebrating its 10-year anniversary later this year. It has reason to celebrate as there is consensus that the commission has ensured that the Competition Act (“the Act”) has become a central point in the South African commercial landscape. A number of high-profile cases have enjoyed prominence in the media and the commission is steadily increasing its enforcement capacity.

Compliance with the Act has steadily moved up on the agendas of board meetings as failure to do so could deliver a destructive blow to any company’s reputation and financial position. To read more on this topic see: Competition law breaches are a corporate governance risk.

Patent protection in Africa and surrounding islands

The following list is a guide to the patent protection available in each country. Download pdf

Adams & Adams honoured by Mozambique Industrial Property Institute

Mozambique recently celebrated the 10th anniversary of its Industrial Property system and the 5th anniversary of the establishment of an Intellectual Property Office (IPO).

Adams & Adams actively participated in the celebrations and was presented with an award for applying for the first trade mark in Mozambique (No 1/99) – that of the firm itself. Adams & Adams Chairman, Chris Job, accepted the award from the Minister of Industry and Commerce, at a Gala Dinner marking the occasion.

Current status of the application between the LSSA and 3 others / RAF and Minister of Transport

North Gauteng High Court Case nr 10654/09
22 June 2009

In terms of the review application, the Road Accident Fund and the Minister of Transport had to produce records and thereafter in terms of Rule 53(4) the applicants would have an opportunity to amend their notice of motion and produce supplementary affidavits (arising from the records). Only once the applicants had filed their amended notice of motion and supplementary affidavits would the respondents have to file their answering affidavits, whereafter the applicants could reply.

Ugandan commercial court assists in the battle to fight cavities

The Ugandan Revenue Authority (URA) had detained toothpaste products which substantially imitate Colgate-Palmolive Company’s Colgate Herbal toothpaste packaging. The only difference in the packaging is the use of the mark “Collage” instead of “Colgate”. The manner in which it is represented makes it easy for the word to be mistaken for the famous Colgate brand.

There is a draft Counterfeit Goods Bill in the pipeline in Uganda which is very similar to South Africa’s Counterfeit Goods Act 37 of 1997, but has not yet been passed by the Ugandan government.