News > Intellectual Property
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 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. |
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 Adams & Adams has been mentioned in the 2009 edition of the influential publication The Legal 500 as first choice for international referrals in intellectual property law as it boasts a distinguished track record on the most complex and high profile disputes in South African courts. The publication names chairman Chris Job a top IP litigator and partner Suzaan Laing as having a good name for trade mark matters. |
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 Élio Teixeira of Adams & Adams Mozambique contributed a chapter to Getting the Deal Through – Trademarks 2009 (online edition), edited by Joseph Nicholson and Stuart Sinder and reproduced here with permission from Law Business Research Ltd. Teixeira’s chapter answers questions such as “How long does it typically take, and how much does it typically cost to obtain a trademark registration?” and “What is the burden of proof to establish infringement or dilution?”, as they apply to Mozambique. For further information, please visit www.GettingTheDealThrough.com. |
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 Facebook (the popular social networking website) has announced that it will, from 13 June 2009, allow its users to create personalized URLs for their Facebook pages. Trade mark owners have been granted the opportunity to prevent their trade mark from being registered as a username by submitting details of their trade mark registration to Facebook, Inc. through its trade mark protection contact form, available at: http://www.facebook.com/help/contact.php?show_form=username_rights |
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 Dr William Modisakeng, a biotechnology specialist at Adams & Adams, together with a group of scientists from Rhodes University (RSA) in South Africa, Beneroya Research Institute (USA) and the Rochester University Medical Center (USA) have recently published a peer reviewed research paper in the Journal of Molecular Genetics and Genomics. In the publication the authors presented data that demonstrates for the first time that the coelacanth encodes a functional molecular chaperone system. |
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 When a copyright is infringed, individual co-authors of the work shouldn’t expect to receive the full amount of damages awarded. To claim the full amount, all the co-authors must be joined as parties to the litigation. This was the implication of a judgement in the Supreme Court of Appeal on 1 June 2009. In David Feldman NO v EMI Music SA (Pty) Ltd/EMI Music Publishing SA (Pty) Ltd, the SCA ruled that failure of a plaintiff to join the co-authors of a work, or to make out a case as to why it is entitled to sue without doing so, will mean that the plaintiff will not be able to claim all the damages flowing from copyright infringement. |
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 The first patent ownership dispute of its kind in South Africa shows how important it is to keep accurate and detailed records of any invention process – and to act without delay when there is a dispute. Southwood J, sitting as the Commissioner of Patents, recently ruled in this dispute. Galison Manufacturing (Pty) Ltd sought an order in terms of Section 28 of the Patents Act 57 of 1998 that Set Point Industrial Technology assign to it South African patent number 98/4753 entitled “Discharge Rail Hopper”. The invention in dispute concerned a wide door hopper which is extensively used in South African mining. |
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 In a recent ruling of the Advertising Standards Authority (ASA) Directorate, Sea Harvest Corporation and Irvin & Johnson (I&J), two major competitors in the seafood product market, came head to head over a television commercial advertising “I&J Light & Crispy” frozen fish products. The commercial in issue starts by showing a split screen with similar fish products on each side, one having a very appetising look while the other is made to look unappetising. The appetising fish product is identified as “I&J Light & Crispy” and the other product is referred to as “Brand X”. The commercial then shows two families, one eating the appetising fish product while the other family is visibly unhappy. The unhappy family moves over to the other side of the screen and is welcomed by the happy family. |
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 5 July 2009 will mark the 10th anniversary of the publication of the IP Code in Mozambique. The Intellectual Property Office of Mozambique was also established on the same day, five years after the code. This year, the Minister of Science and Technology has announced the adoption of a new strategy to deal with the development of intellectual property rights. |
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 Written by George Omondi April 24, 2009: Industrial property rights experts are campaigning for the harmonisation of the anti-counterfeiting laws across Africa. They blame the failure to tackle the menace, which they say has stifled the continent's industrial growth, on the disjointed legal regime. At a two-day pan African intellectual property and anti-counterfeiting forum that opened in Nairobi yesterday, delegates from different countries said the counterfeiters were exploiting the vacuum created by lack of clear legal framework at national levels and absence of a common regional policy on counterfeiting to infiltrate the local economies. |
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 Most industries have been formed around intellectual property, like the cell phone and the computer industries. The value of a business like Microsoft is in its intellectual capital, of which intellectual property forms a significant part. For consumers, a brand guarantees a certain standard and quality in the products purchased or services provided, which serves to distinguish one product or service from another. |
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 The Medicine and Related Substances Amendment Act No 72 of 2008 (the Act), which envisages the over haul of the current Medicine Control Council (MCC) into the South African Health Products Regulatory Authority, was assented to by the South African out going president, President Motlanthe, and was published in the Government Gazette one day before the South African national elections – 21 April 2009. If you are worrying about what happens to the MCC, since it is meant to cease to exist one day before the Act comes into operation and if you are concerned about the fact that there are no regulations in place don’t panic – the Act will only come into operation on a date to be fixed by South Africa’s new president by way of a proclamation in the Government Gazette. We will keep you advised as to when this comes about. |
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 Cricket fever is high at the start of the Indian Premier League (IPL) in South Africa this week, but trade in counterfeit memorabilia could dampen the spirits of unwary fans. “While registered vendors will be selling the rightful items, vendors with no respect for registered brands will be out in full force, offering supporters illegal counterfeit items,” says Adams & Adams partner Marilyn Krige, a trade mark attorney. |
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 Kenya’s new Anti-Counterfeit Act applies more widely than most anti-counterfeiting legislation in the world, and makes it simpler to enforce one’s rights. It does have some potential weaknesses, however. The Anti-Counterfeit Act was assented to on 24 December 2008 but has not yet come into force. This could take some months as a number of aspects still need to be dealt with. These include the establishment of an anti-counterfeiting agency, the appointment of a board for the agency, the appointment of inspectors and special advocates in the courts and the establishment of a counterfeit goods depot in terms of Section 29 of the Act. |
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 If you have been considering registering your marks in the European Union, now is the time to do so! Trade mark owners have a small window of opportunity to file applications before the application fee is increased. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
