News > Intellectual Property

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Aspen gets the sniffles after trade mark battle
In a judgment handed down on 22 December 2011, the North Gauteng High Court, Pretoria ordered the cancellation of generic pharmaceutical giant, Aspen Pharmacare's registered trade mark ANDOSEPT. The court's order will effectively prevent Aspen from continuing to sell its ANDOSEPT pharyngeal product.
Read more... | 10/01/2012  | Posted in: Trade Marks, Intellectual Property, Advertising Law
So just how big is your brand? And what’s it really worth?
GET THE ANSWER WITH ISO 10668:2010
Read more... | 5/01/2012  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law
Total substantiation of Colgate's claims before the ASA
Colgate-Palmolive (Pty) Limited (“Colgate”) has successfully defended a number of advertising claims made in respect of its Colgate Total toothpaste product before the Advertising Standards Authority of South Africa (“ASA”).
Read more... | 13/12/2011  | Posted in: Trade Marks, Intellectual Property, Legal News, Advertising Law
35th ARIPO Administrative Council Meeting
The 35th ARIPO Administrative Council Meeting and Council of Ministers was held in Accra, Ghana from 28 -30 November 2011. The meeting sees the coming together of Registry and Government officials from each of the 18 ARIPO member states to discuss ARIPO operational matters as well as wider policy issues.
Read more... | 7/12/2011  | Posted in: Intellectual Property, Legal News
Cholesterol Ease - passing off cases not that easy
The Western Cape High Court per Acting Judge Cloete delivered judgement in the case of 3 Jerks Manufacturing CC v Vital Health Foods (Pty) Ltd (“Vital”) on 2 December 2011. Adams & Adams Cape Town Office represented the Respondent, Vital.
Read more... | 5/12/2011  | Posted in: Trade Marks, Intellectual Property, Legal News
Satire vs The ASA Code
Read more... | 1/12/2011  | Posted in: Trade Marks, Intellectual Property, Legal News, Advertising Law
Second Proposed Amendments are Highly Welcomed by Software Developers
The second proposed amendments (introduced during October 2011) seem to provide more clarity on most of the provisions which govern the research and development (R&D) tax incentive as compared to the first proposed amendments (introduced during June 2011).
Read more... | 30/11/2011  | Posted in: Intellectual Property, Commercial Law, Patents, Legal News
Consumers do care about organic food & wine
We were recently notified by one of our Twitter followers of a survey published in Winetimes, where a research panel found that only 18% of wine consumers consider an organic certification to be an important influencing factor when purchasing wine. It appears that pricing and varietals play a more important role in the purchasing decision.
Read more... | 21/11/2011  | Posted in: Trade Marks, Intellectual Property, Legal News, Designs, Advertising Law
Adams & Adams is proud to be involved with the PICA Awards
The night of the 17th of November 2011 recognised South Africa’s Magazine publishing professionals and as the partner of the 42nd annual PICA awards, the Adams & Adams team was present to award 12 individuals with their prestigious awards. The Magazine Publishing Association of South Africa had once again done an outstanding job of producing an amazing gala event that featured entertainment from Die Heuwels Fantasties and Willem Breytenbach.
Read more... | 18/11/2011  | Posted in: Intellectual Property, Media and Entertainment law
New Designs Class 32 not so Classy?
In the Patent Journal of December 2010, a revised Schedule 3 of the Design Regulations was published. Schedule 3 sets out the classification system used in South Africa to classify designs. A number of minor amendments and additions to the classification system were made. Furthermore, a new class 32 for “graphic symbols and logos, surface patterns, ornamentation” was added, class 14 was amended to include a subclass 14-04 for screen displays and icons, and class 99, entitled “Miscellaneous” was deleted.
Read more... | 17/11/2011  | Posted in: Intellectual Property, Legal News, Designs
More than just a pretty face ... time for design protection
For centuries humankind has been obsessed with adornment, with many an ancient burial site having revealed articles of adornment, still breathtakingly beautiful, mysterious, alluring and strangely familiar. So what’s with this fascination for things beautiful? Countless hours, across many disciplines, have been, and continue to be, dedicated to our better understanding of this, one truth being that it is very likely that this fascination shall prevail for a long time to come.
Read more... | 17/11/2011  | Posted in: Intellectual Property, Legal News, Designs
Adams & Adams partners with MPASA’s 42nd PICA Awards in awarding the Individual categories
Adams & Adams has been protecting the fruits of their clients’ creativity in the form of trade marks, copyright, designs, and patents for over 100 years.
Read more... | 16/11/2011  | Posted in: Adams & Adams, Intellectual Property, Media and Entertainment law
Brands, designs, copyright & patents – a bundle of rights
What is the difference between a brand and a patent and when can I rely on copyright? The public may not always be aware of their rights and when they can rely on them.

Let’s look at one of the iconic symbols of the 20th century, the original Coca - Cola Bottle.
Read more... | 8/11/2011  | Posted in: Trade Marks, Intellectual Property, Legal News
Debugging patent claims for software related inventions
Instead of explicitly stating what constitutes a patentable invention, the South African Patents Act (“the Act”) provides an exclusionary list stating what shall not be considered “an invention” for the purposes of the Act.
Read more... | 3/11/2011  | Posted in: Intellectual Property, Patents, Legal News
Blasphemy or clever advertising?
AXE DEODORANT ADVERTISEMENT BANNED

The Advertising Standards Authority has ordered Unilever to withdraw an advertisement for AXE deodorant. The advertisement depicted sultry-looking angels falling from the sky, seemingly drawn irresistibly to a man who had used AXE deodorant. A voice over stated “New Axe deodorant. Even angels will fall”.
Read more... | 28/10/2011  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law, Legal News
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The firm practises directly in several Southern African countries and through long-established associates in others.