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America (Re-) Invents Patent Law
South African patent practitioners and patent applicants alike will be appreciative of the fact that the US patent system has some peculiarities in respect of patent systems over most other countries. The recently enacted Leahy-Smith America Invents Act (‘the AIA’), however, brings about significant change in the patent system of the United States, bringing it into closer alignment with more common international practices in patent law. The AIA was signed into law by US Pres. Barack Obama on 16 September 2011 and most of its provisions will come into force within the following year. |
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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). |
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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. |
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Are Proposed Amendments to Section 11D Providing Clarity?
The current section 11D of the Income Tax Act No. 58 of 1962 (the Act) provides for research and development (R&D) incentives which include a 150% deduction of operating expenses and accelerated depreciation of any building or part thereof, machinery, plant, implements, utensil or article. |
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Comparing Apples with Pears – the SA pharmaceutical market is not the same as the US one!
A recent report by the American Federal Trade Commission (“FTC”, the equivalent to South Africa’s competition authorities) on the short- and long-term effects of authorised generics sparked an article in the Business Report on Friday, 14 October - “Delay in generics robbing SA’s sick”. |
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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. |
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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”. |
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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. |
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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. |
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Rwanda joins ARIPO
“Rwanda has become the latest African country to join the African Regional Intellectual Property Organisation (ARIPO). The country deposited its Instrument of Accession on 24 June 2011 and the Harare Protocol will enter into force on 24 September 2011. |
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South Sudan – The birth of the world’s newest country
On 9 July 2011, South Sudan became the world's newest country.
“The embryonic government has anticipated and already put in place significant steps in order to attract investors to the country, which will be fundamental to its sustained development,” says Nicky Garnett, Head of Africa Patent Department at attorneys Adams & Adams.
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Are genetically modified (GM) crops the answer to food shortage?
For a long time, many researchers have concentrated so persistently on developing methods and technologies for developing cures and treatments for diseases that other fields of research have been neglected. However, one problem that may be as devastating as disease is food shortage.
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Rwanda joins ARIPO
The Republic of Rwanda deposited its instrument of accession to the Harare Protocol which governs patent and design filings in ARIPO on 22 May 2011. This means that Rwanda can be designated as a member state in an ARIPO patent or design application after22 August 2011. |
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Rwanda accedes to the Hague Agreement
On 31 May 2011, Rwanda deposited its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. The Hague Agreement will become effective on 31 August 2011 and after that date, it will be possible to designate Rwanda in an international application for the registration of an Industrial Design. |
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Rwanda accedes to the Patent Co-operation Treaty
The Government of Rwanda deposited its instrument of accession to the PCT on 31 May 2011, becoming the 144th PCT contracting state. The PCT will become effective on 31 August 2011 and any PCT applications filed after that date will automatically include the designation of Rwanda. Rwanda recently introduced a new IP Act but this does not cater for its accession to PCT. Accordingly, the Act will have to be amended to cater for PCT national phase filings in due course. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
