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New Bill for green fingers – draft Plant Breeders’ Rights Amendment Bill
The Minister of Agriculture, Forestry and Fisheries has, under Notice 688 of 2011 in the Government Gazette of 7 October 2011 invited interested parties to submit written comments on the draft Plant Breeders’ Rights Amendment Bill. If enacted, the Bill will replace the Plant Breeders’ Rights Act No. 15 of 1976, as amended.
Read more... | 19/10/2011  | Posted in: Intellectual Property, Patents, Legal News
The lost Van Gogh in your attic: Trade Secrets & MGA Entertainment’s win against Mattel
ondered if that neglected painting next to the fossilised tin of Plascon Velvaglo in the corner of your attic is a lost Van Gogh, Picasso or De Goya?
Read more... | 14/10/2011  | Posted in: Trade Marks, Intellectual Property, Legal News
Where personality & patrimony converge
In the case of Julia Basetsana Kumalo v Cycle Lab (Pty) Limited [South Gauteng High Court, Johannesburg, Case No. 31871/2008], the court explored the interesting dynamic that exists between the infringement of a personality right and a related claim for patrimonial loss.
Read more... | 14/10/2011  | Posted in: Intellectual Property, Media and Entertainment law, Legal News, Advertising Law
To patent or not to patent – ‘tis the question
Perfumes, cosmetics, hair care products, cold drinks, secret recipes for extra crispy chicken – they all pose a dilemma, namely whether to patent them and tell the whole world about them or whether to hang on to what they consist of - much like Sméagol from Lord of the Rings when he tried to hold on to “Precious”.
Read more... | 14/10/2011  | Posted in: Intellectual Property, Patents
It is time to pay for play
On 25 June 2002, the Copyright Amendment Act 9 of 2002 and the Performers’ Protection Amendment Act 8 of 2002 respectively amended the Copyright Act and the Performers’ Protection Act by introducing needle-time rights.
Read more... | 13/10/2011  | Posted in: Intellectual Property, Media and Entertainment law
Dreams do come true – the making of a new Idol
The dawn after the Idols finale, and 21 year old Dave van Vuuren is the 2011 winner of the Idols competition! He is on the brink of a brand new career in the music industry and the possibilities are endless!
Read more... | 7/10/2011  | Posted in: Intellectual Property, Media and Entertainment law
The 32nd Annual Loerie Awards – Adams & Adams was there
Adams & Adams sponsored 'young creatives' winners
Sophia Strydom, a graphic designer at Joe Public and Kenneth van Reenen, a copywriter at DDB South Africa are the winners of this year’s South African ‘Young Creatives' category in the Loerie Awards. Elected by a jury of international judges, the winners walked away with the industry’s most coveted award.
Read more... | 19/09/2011  | Posted in: Intellectual Property, Advertising Law
Creative week - Cape Town (9 - 16 September)
Creativity is overflowing and it is all flowing down to Cape Town where Creative Week has begun. It will be a mesmerising week of creative talent abounding in the build up to The Loeries Fez Weekend (16 - 18 September). Artists in Cape Town from all disciplines will be having open days, exhibitions and shows.
Read more... | 12/09/2011  | Posted in: Intellectual Property, Advertising Law
2010 Loerie Young Creatives Award transforms the lives of aspiring creatives
At last year’s Annual Loerie Awards, two aspiring creatives, Reijer van der Vlugt from FoxP2 and Mbuso Ndlovu – then at Y & R, now at Oneco – were joint winners of the coveted Loerie Young Creatives Award at the 32nd annual Loerie Award Ceremony.
Read more... | 9/09/2011  | Posted in: Intellectual Property, Advertising Law
RICA in the spotlight again
Recent comments by the Deputy Minister of Communications cast the spotlight on RICA again. The Deputy Minister suggested the need for specific legislation that will allow the interception of messaging services. However, this need is already regulated by section 30 of RICA which requires that telecommunication service providers must provide services that are capable of being intercepted.
Read more... | 8/09/2011  | Posted in: Intellectual Property, Commercial Law, Legal News, Advertising Law
The Famous & Beautiful – is your image up for grabs?
In the case of Julia Basetsana Kumalo v Cycle Lab (Pty) Limited [South Gauteng High Court, Johannesburg, Case No. 31871/2008], the court reaffirmed that it is unlawful to use, without consent, a person’s name or image for the purpose of advertising.
Read more... | 8/09/2011  | Posted in: Intellectual Property, Media and Entertainment law, Advertising Law
Viva Vuyozela!
In a recent ASA ruling, the ASA Directorate considered an advertisement for beer in which Vuyo, a young successful entrepreneur, creates a new musical instrument called the Vuyozela. He then celebrates his success with a Hansa Pilsner beer. The ASA has to decide if the advertisement creates the impression that the consumption of alcoholic beverages is essential to business or social success or that refusal to consume alcohol is a sign of weakness.
Read more... | 8/09/2011  | Posted in: Intellectual Property, Media and Entertainment law, Advertising Law
Assessing obviousness of a South African invention
The Supreme Court of Appeal today (7 September 2011) delivered judgment in a patent amendment matter between Ausplow Pty Ltd and Northpark Trading 3 (Pty) Ltd and three others.
Read more... | 8/09/2011  | Posted in: Intellectual Property, Patents
Failure of patentees to have regard to the nuclear energy act could be fatal
The SA Patents Act does not specifically exclude inventions relating to nuclear energy from patentability. However, the SA Nuclear Energy Act (“NEA”) sets out a number of procedural steps in section 41 that must be complied with when applying for a patent in South Africa relating to nuclear energy or related subject matter. A patent granted contrary to the provisions of section 41 will result in the patent having no legal effect.
Read more... | 7/09/2011  | Posted in: Intellectual Property, Patents
"Win tickets to the Rugby World Cup 2011" – The Marketing "Do's & Don'ts"
The highly anticipated Rugby World Cup 2011 in New Zealand is around the corner, with the first game kicking off on 9 September 2011.
Read more... | 6/09/2011  | Posted in: Intellectual Property, Media and Entertainment law, Advertising Law
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The firm practises directly in several Southern African countries and through long-established associates in others.