Representatives conducted Customs Training workshops with Customs officials and participated in search and seizure operations conducted by Customs and the Police. China Town and Happy Town, two hubs for counterfeit goods in Windhoek, were found to be selling significant quantities of counterfeit clothing, footwear, handbags, purses and other goods.



A&A representatives travelled to Harare, at ARIPO’s invitation, to participate in the 4th Meeting of the Working Group on the Banjul and Harare Protocols which was held at ARIPO’s offices. The meeting proposed amendments to the Protocols that were adopted by the Administrative Council in November 2015 and took effect in January 2016



On 24 April 2015, Adams & Adams were invited to the ARIPO official launch of its online filing services. Ambassadors from the member states were invited to the event together with the South Korean Ambassador as most of the technical assistance had been provided by members of the South Korean IP Office.


ARIPO April 2014


Image: ARIPO DG, Mr Fernando Dos Santos, and the South Korean Ambassador at the official launch

Africa Update 2015 Edition

2014 proved to be a challenging year for many countries in Africa. Negative political, economic and socioeconomic developments in certain parts of the continent impacted on our operations in those countries. Lack of resources, trying working conditions as well as inadequate IT systems continue to plague a number of African registries. Despite these challenges A&A managed to expand its African footprint with the establishment of associate offices in Nigeria and Ghana. Similarly, despite the trying conditions there were year on year increases in the number of trade mark and patent
fi lings in most African countries. A&A enjoyed stronger collaboration with associate offices and greater co-operation with regional IP organisations. The firm engaged closely with local Registries and continued to assist with legislative and procedural developments in several countries. Our strategy in 2015 will be to continue to engage with our local partners and do our best to positively influence the development of IP on the continent and to assist local registries in improving their systems and service levels.


Africa Focus – March 2015

Welcome to the latest edition of the Adams & Adams Africa Focus – our quarterly publication that is produced exclusively for and tailored to the specifc interests of you, our valued clients. In this edition, we begin as usual with updates on key economic, political and industry-specifc developments across the African continent.

The featured article, authored by one of South Africa·s leading energy experts, Professor -o-Ansie van Wyk, analyses opportunities that have presented themselves in Africa’s energy sector. The article pays particular attention to various international initiatives to address the lack of suffcient energy infrastructure on the continent.

2ur usual Sector in Focus feature, explores the economic impact of Africa·s energy crisis. Some of these include rising inÁation, declining industrial production, increasing negative effects on S0(s, hikes in diesel prices and the knock-on effects on societies throughout Africa.

This edition also provides our readers with an informative topical interview with &AI consultant and sustainable energy specialist, 5ob Short. (nergy issues raised in the discussion include the development of strong institutions to drive the reTuired longterm view across areas by governments, innovation as a key driver of sustainable energy development and the possibilities of scaling up renewable energy projects to feed national grids.

We also review the recent Africa (nergy Indaba, which is billed as Africa·s premier energy event, and preview the upcoming Power and Electricity World Africa 2015 conference and its focus on key initiatives to address Africa·s energy challenges through innovation and the growth of renewable energy resources.

-ust as in previous editions, we invite you to take some time out to sit back and enMoy the latest edition of our Tuarterly publication, with its unparalleled focus on Africa. We trust that you will fnd the content useful and enMoyable, as it has been tailored specifcally for you.

Download Africa Focus March 2015

  • Featured Article
    Energy in Africa: Crisis or opportunity?
  • Sector in Focus
    African Power: Economic impacts of energy shortages on development
  • An Interview with Rob Short
    Insights on Africa’s energy crisis and sustainable development



At the beginning of February 2015, members of the firm travelled to Zimbabwe and met with representatives of the Zimbabwe Intellectual Property Office, Mr Willie Mushayi, the Deputy Registrar and Mr Cliford Chimombe, the Chief Examiner. The state of the Registry was impressive and a lot of work was being done to motivate staff and try to improve operations. Various discussions were held over the accession to the Madrid Protocol and the amount of work still to be done on the amendment of the national laws and the readiness of the Registry to be fully integrated into the system. Proposals were made to invite Registry staff for an orientation programme to observe operations from a user’s perspective with the aim of improving the operations of the Registry in servicing its clients.


Image 1: Nthabi Phaswana (A&A) (2nd from right) with Registry staff


Image 2: Mr Chimombe in one of the trade mark filing rooms



During February 2015, Adams & Adams paid a visit to the Registry and was impressed with improvements at the operational level over the past 17 months or so. Discussions were held with senior officials from BIPA and it is clear that great strides are being made in improving the state of affairs of the IP and Companies office.


Image: Front of Registry Office

Africa travels

Image: Gérard du Plessis and Simon Brown (A&A) with Registry staff


Victoria Falls

Adams & Adams was invited to attend, in an observer capacity, the 38th Session of ARIPO Administrative Council Meeting held in Victoria Falls, Zimbabwe from 17 to 21 November 2014.

The Administrative Council Meeting is held on an annual basis and sees the coming together of representatives from all 18 ARIPO member states, including the newest member – Sao Tome and Principe, as well as representatives from the ARIPO observer states.

A number of proposals were tabled for consideration at the Meeting including:

  • proposed amendment of the Harare Protocol to facilitate accession to the Hague Agreement for International Registration of Industrial Designs
  • draft regulations for the implementation of the draft Protocol on the Protection of New Varieties of Plants and the establishment of a Technical Committee on Plant Variety Protection


Image 1: Delegates at ARIPO Administrative Council Meeting, Victoria Falls, Zimbabwe


ARIPO - Zim2

[Image 2 : Stephen Hollis(A&A) with Mr Fernando Dos Santos, Director General of ARIPO(right)



Adams & Adams sent members of its anti counterfeiting team to conduct training with members of Interpol, Police and Customs in June 2014. In-market operations were subsequently carried out in Windhoek, Oshikati and Oshikango. Ongoing training sessions and raids will continue on a regular basis.


Namibia October 2014Image 1: Anti-counterfeiting training workshop, Walvis Bay

Namibia October 2014

Image 2: Anti-counterfeiting raid, Oshikango

Africa Focus – October 2014

Welcome to the latest edition of the Adams & Adams Africa Focus – our quarterly publication produced exclusively for our valued clients, partners and team members. The over-arching theme for this edition is ‘Healthcare in Africa’ and the shift in global attention towards the continent’s recent Ebola outbreak.

Beginning with our usual updates section, we examine developments such as the recent US-Africa Leaders Summit which saw US$ 33 billion in pledges toward economic growth in Africa, the launch of the recent Pan-African programme by the EU, which is set to finance projects for greater mobility in Africa and provide new opportunities for EU-Africa cooperation, and Liquid Telecom’s US$ 200 million raised for expansion into Eastern, Central and Southern Africa.

The featured article for this edition analyses the impacts of the Ebola outbreak, specifically on the agriculture, mining and tourism sectors. The article examines the various responses to the outbreak, which have largely concentrated on the rate of new infections and the number of casualties, but have overlooked the impacts of restrictions on cross-border movement.

The ‘Sector in Focus’ for this edition explores public healthcare in Africa, and this is followed by an informative topical interview with CAI health specialist, Dr. Abdul Elgoni. Healthcare issues raised in the discussion include innovation in solutions, developments in government policies, preventing communicable diseases, donor funding in the system, the HIV/AIDS pandemic, the Ebola outbreak and the role of the private sector in providing support for improving the continent’s healthcare system.

We also review the recently concluded Africa Oil & Gas Expo, which saw the largest gathering of oil and gas professionals in Africa, and preview the upcoming 6th Public Private Partnership Africa to be held in November with a focus on debating the promotion and implementation of successful PPPs. This edition also includes our usual features of the Adams & Adams insights and event picks for the upcoming quarter.

Download Africa Focus October 2014

  • Featured Article
    The Economic Impact of Ebola in West Africa
  • Sector in Focus
    African Healthcare: Major Challenges Require New and Innovative Solutions
  • An Interview with Dr Abdul Elgoni
    The State of Africa’s Healthcare Sector


Dar es Salaam

Adams & Adams sent representatives from its anti-counterfeiting section to conduct training with members of the Police and Fair Competition Commission (“FCC”) in July 2014 and with the FCC, Police and Customs in December 2014. Subsequent to that in-market operations were carried out in Dar es Salaam during May 2014.



At the beginning of July 2014, representatives from Adams & Adams travelled to Botswana to visit our associate office and the Registry. The main purpose of the visit was to meet with Registry officials to discuss long outstanding matters in Botswana. The visit was productive and discussions were held with the Deputy Registrar, Mr Tim Moalusi. There are a number of outstanding matters and regular visits will continue to be made to the Registry to clear this backlog.

Botswana - Image 1Image 1: Simon Brown, Amo Phala (A&A)with Mr Tim Moalusi, Deputy Registrar of Botswana


Image 2: Registry Reception



In July 2014, Adams & Adams arranged and conducted a workshop in Lomé for Interpol as well as Customs and Police officials from Togo. The workshop was well received and plans are underway for further training in 2015 and possible raids to be conducted around the city.


Togo - Training

Image: Anti-Counterfeit training workshop, Lomé

Africa Focus – July 2014

Welcome to the latest edition of the Adams & Adams Africa Focus – our quarterly publication that is produced exclusively for and tailored to the specific interests of you, our valued clients. In this edition, we shift our attention to Africa’s telecommunication section and another ‘hot topic’ – technoinnovation!

We begin as usual, with updates on key economic, political and industry-specific developments across the African continent. A few highlights from the past quarter include China’s Central Bank and AfDB signing a US$ 2 billion financing deal for the ‘African Common Growth Fund’, el-Sisi’s landslide victory in Egypt’s May presidential elections, Nigeria’s GDP rebasing and Vodacom’s US$ 660 million purchase of Neotel.

The featured article, authored by Consultancy Africa Intelligence (CAI) senior analyst, Conway Waddington, provides an overview of the involvement of private actors in enhancing and driving technological innovation in Africa. The article concludes that private investors in particular stand to benefit from engagement with African technological growth initiatives, through both direct returns and ancillary dividends offered by improving the market environment.

A new feature in this edition is the Sector in Focus, with our eyes this month on the telecommunications sector. The article explores Africa’s evolution in the information age, offering our readers a snapshot of one of the continent’s most exciting sectors.

This edition also includes our staple features, in the form of the Adams & Adams Africa Insights and event picks for the upcoming quarter.

Download Africa Focus July 2014

  • Featured Article
    Private support for innovation hubs to combat the technology gap in Africa
  • Sector in Focus
    Telecommunications: Africa and its evolution in the information age


Addis Ababa

Adams & Adams visited Addis Ababa twice in 2014 to clarify issues surrounding the regularization of existing Ethiopian trade mark registrations to ensure the their validity in terms of the new and first-ever Ethiopian Trade Marks Act  which came into effect on 24 December 2012.  Various and sometimes contradictory practice directives were issued by the Registry which required clarification.  Meetings with the Director-General of EIPO were held on several occasions and as a result of tense negotiations on our visit in June 2014, we managed to negotiate a 6-month extension of the 23 June 2014 deadline which was originally set for the regularization of all existing Ethiopian trade mark registrations.  This extension provided some breathing space for all stake holders concerned about the validity of their existing Ethiopian registrations.  The final deadline of 23 December 2014 has now come and gone and only time will tell how EIPO will cope with the implementation of an entirely new trade mark registration process in terms of which marks will be examined substantively and where third party opposition proceedings are available.

EthiopiaImage 1: Stephen Hollis (A&A)(centre) with our local representative and the former DG, Mr Berhanu Adello (right)

Africa Update 2014 Edition

A&A’s network of associated offices continues to grow at a steady rate as we identify and nurture the right partners with the requisite skill and synergies. We have representation throughout Africa. Our strategy has been to seek to establish associated offices in the countries which we have identified as key to the development of IP in Africa. We have recently established an associated office in Kenya and are close to finalising similar arrangements in Nigeria and Ghana.




In March 2014, Adams & Adams arranged and conducted a workshop in Kigali for Interpol as well as Customs and Police officials from Rwanda. A&A subsequently returned to Kigali in June 2014 and assisted Customs and Police with several raids around the city.

Rwanda -Training

Image 1: Anti-Counterfeit training workshop, Kigali


Rwanda -Raid conducted June 2014

Image 2 – Counterfeit goods being seized, Kigali


Africa Focus – March 2014

Welcome to the latest edition of the Adams & Adams Africa Focus – our quarterly publication that is produced exclusively for and tailored to the specific interests of you, our valued clients and team members. The over-arching theme for this edition is ‘Doing business in Africa’ – a topic of great interest to all of our clients across the continent and further afield.

The featured article, authored by Consultancy Africa Intelligence (CAI) financial analyst, Ingi Salgado, explores how many African countries are fast improving their regulatory processes and making it easier to do business. This article, which draws from the World Economic Forum’s (WEF’s) Doing Business rankings for 2014, explores Africa’s diverse competitive environment, and then analyses those economies that have improved significantly.

The country in focus for this edition is Rwanda, with an article entitled “Rwanda: Doing business, better.” The article dissects Rwanda’s business environment – one which the World Bank ranks highly on its ‘Ease of Doing Business’ index – and concludes Rwanda has made admirable strides in building the foundations upon which the urban, industrial and service sectors can grow, but that rudimentary challenges need to be resolved before any of Rwanda’s highly praised reform changes can serve a real purpose.

In line with this edition’s African business theme, we provide our readers with an insightful interview with Adam Choppin, the Lead Analyst for Emerging and Frontier Markets at the FIS Group. Mr Choppin shares his thoughts on an array of topics ranging from the 10th anniversary of the World Bank’s Doing Business Report, to advice for businesses considering expanding into Africa.

Download Africa Focus March 2014

  • Featured Article
    Cutting the red tape: Africa makes it easier to do business
  • Country in Focus
    Rwanda: Doing business, better
  • An interview with Adam Choppin
    Lead Analyst for Emerging and Frontier Markets, FIS Group



Adams & Adams sent members of its anti counterfeiting team to conduct training with members of Interpol and Ghana Police and Customs in February 2014. Subsequent to that, a number of in-market operations were carried out leading to seizure and eventual destruction of goods identified to be counterfeit products for a prominent US based heavy equipment manufacturer.



Image 1 – Charl Potgieter( A&A) (extreme right) with Dawn Barritea (front left) from the International Customs Enforcement, USA and Customs Officials.



Image 2 – Anti-counterfeiting training workshop


Ghana 3

Image 3 – Seizure of counterfeit goods



Adams & Adams representatives attended, in an observer capacity, the 37th Session of the ARIPO Administrative Council Meeting held in Kampala, Uganda at the invitation of ARIPO. The meeting was well attended by representatives from all the member states. Uganda, through the Registrar General of the Ugandan Registration Services Bureau (URSB), Mr Twebaze Bemanya, was elected as the new Chair of the Administrative Council until 2015. Items to note for the future from the Conference was ARIPO’s possible accession to the Hague Agreement Concerning the International Deposit of Industrial Designs and Sao Tome and Principe becoming new observer states.

Whilst in Uganda we also visited our partner offices in Kampala as we continue to establish our presence in East Africa.




Image 1: Nthabi Salani (Adams & Adams) with Wéré Gazaro, Director: Department of Protection of Industrial Property, OAPI. Image 2: Nthabi with Mr Fernando Dos Santos, Director General, ARIPO. Image 3: Ms Leonila Kishebuka, Registrar: Tanganyika and Mr Twebaze Bemanya, Registrar General of the Ugandan Registration Services Bureau (URSB). Image 4: Nthabi with local representatives in Kampala. Image 5: Menzi and Nthabi with local representatives in Kampala.




Adams & Adams also travelled to Egypt to visit our local partners and the IP Office. The purpose of the visit was to strengthen our ties within our existing North African Network and to ascertain, firsthand, the environment under which the Registry and our partners are operating. The visit was a great success and the gesture was well received by all. The Registry, comprising 44 employees with 20 trade marks examiners, continues to operate despite the trying circumstances and trade mark applications filed range between 1200 and 1300 per month. The Patents Registry is also fully operational.



Image 1: Menzi Maboyi (Adams & Adams) with Ms Mona Ahmed Zaki, Registrar and representatives from our partner firm. Image 2: Trade Marks Registry, Egypt. Image 3: Menzi with local representatives in Cairo. Image 4: Menzi with local representatives in Cairo. Images 5 & 6: Nile River, Cairo.



At the end of October 2013, A&A representatives travelled to Botswana to visit our office and the Registry. The main purpose of the visit was to meet Registry officials to discuss long outstanding matters  in Botswana.  The visit was productive and  discussions were held with the Deputy Registrar, Mr Tim Moalusi. Progress was made on some files but there are a lot of outstanding matters and regular visits will have to be planned over the next few months to deal with all outstanding matters.


Image 1: Nthabi Phaswana (Adams & Adams) and Anisa Nabee with the Deputy Registrar, Mr Tim Moalusi. Image 2:  With Registry staff. Image 3: Registry offices.



A&A representatives from the Anti-Counterfeiting Department recently travelled to Luanda to conduct a customs training workshop at the behest of the Angolan Economic Police. The focus of the training was on anti-counterfeiting in South Africa and product identification training. The workshop was attended by representatives from Interpol and Angolan government institutions such as Customs and the Ministry of Trade & Industry. The workshop was well attended with more than 55 delegates present and was a great success. Requests have been received from the Economic Police to hold more training workshops next year.



Image 1: Lucy Signorelli & Charl Potgieter with the Commissioner of the Economic Police, Mr A. Dos Santos. Image 2: Delegates from the workshop. Image 3: Representatives from the Adams & Adams Pretoria & Angola offices with the Head of the Anti-Counterfeiting Department (Economic Police), Mr P. Ribeiro, and the Head of IP Crimes (Economic Police), Mr J. Sulissa.



At the beginning of August 2013 A&A representatives visited the Namibian Registry as part of a team from South Africa assisting the Registry with the training of its staff and assisting with reviewing long outstanding matters. The A&A representatives assisted on all matters ranging from the reorganisation of the filing system employed by the Registry staff to suggestions on resolving the backlog. The visit was well received by the Registry staff and requests were received for a follow up visit to be conducted in 2014.


Image 1: Brett Oldridge with Collins Marenga, TM Examiner. Image 2: At the Registry. Image 3: Registry staff.



Towards the end of August 2013, A&A representatives visited our Mozambique office, which was established 5 years ago, following its recent relocation to new premises.  A visit to the IP Office to meet the new Director General, Mr José Meque, was also scheduled. A&A continues to be an important user of the Mozambican IP system and the development of IP in Mozambique continues to grow at a steady rate.



Image 1: Representatives from the Adams & Adams Pretoria & Mozambique offices with the Director General, Mr J. Meque, and other senior staff. Image 2: At the A&A Mozambique offices.

Caterham Car Sales & Coachworks Limited v Birkin Cars (Pty) Limited & another 1998 (3) SA 938 24/10/1998

The correct question to ask was whether the Appellant has, in a practical and business sense, a sufficient reputation amongst a substantial number of persons who were either clients or potential clients of his business. That reputation has to exist where the misrepresentation complained of exists. This reputation had to exist at the time the misrepresentation was committed.

The Caterham case widened the definition of the requisite reputation and goodwill required for a passing-off action.

Nicky Garnett

Partner – Head of Africa Patents

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