News
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 In the recent matter of the Road Accident Fund versus Vusumzi Mdeyide, the Constitutional Court (“CC”) held that an appeal against a decision by the Eastern Cape High Court should be upheld and in doing so the CC held that the limitation contained in the RAF Act, to the effect that the right to claim compensation prescribes 3 years after the date upon which the cause of action arose, is reasonable and justifiable under the Constitution. |
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 There have been few legislative provisions which have resulted in so much litigation as the provision contained in Section 2(1) of the Alienation of Land Act. Briefly, this provision provides that no sale of land will be of any force or effect unless it is contained in a Deed of Sale signed by the parties thereto or their agents acting on their written authority. |
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 Owners of rental properties will be pleased to take note of the hard-hitting comments made by a judge of the South Gauteng High Court in a recent matter involving an application for the eviction of illegal tenants from a building in Johannesburg. In his judgment, Willis J mentioned obiter that there is effectively only one legal remedy for the unlawful occupation of immovable property, namely an eviction order. |
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 As long ago as 1964 the Supreme Court of Appeal laid down a principle which has consistently been applied in our law of contract. The so-called Shifren principle provides that a contractual non-variation clause is valid and effectively entrenches both itself and all other terms of the contract against an oral variation thereof. Simply put, where such a non-variation clause appears in a contract, no variation or amendment thereof will be valid or binding between the parties unless they have reduced such variation or amendment to writing. In most instances, non-variation clauses also require that the variation/amendment so reduced to writing must be signed by both parties and/or their representatives. |
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 Earlier this year, the little Eastern Cape town of Alice successfully fought against a German pharmaceutical giant in order to protect its biological resources. Plants that were identified as having medicinal properties were harvested from South African farms and exported overseas to be used in the manufacture of pharmaceutical compositions which were used to treat various ailments. The locals received a small wage for stripping farm land of these plants and several patent applications were filed by the German pharmaceutical company in an attempt to create a monopoly over the right to these plants. |
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Published in Engineering News, Friday 1 October 2010 |
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The SCA held in the Verimark case that use of a mark, otherwise than as a trade mark, does not amount to trade mark infringement . A question that arises is whether or not the decorative use of a mark amounts to trade mark use and what factors should be taken into account in making the determination? |
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The Adams & Adams Cheetahs team took gold in the recent Business Relay race in the legal category – for the fifth year in a row. Also in the legal category, the Adams & Adams’ walking team passed the finishing line first. |
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“Legislation cannot be implemented unless it has the necessary framework of regulations to put it into effect." So says Adams & Adams Senior Consultant Esmé du Plessis in an article on the polity.org.za website. The article relates to the correct implementation of the Intellectual Property (IP) Rights from Publicly Financed Research and Development Act, which affects a number of South African universities, institutions and research councils, as well as funding entities. The article also quotes Adams & Adams Chairperson Dario Tanziani. To see the full article, click here. |
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 After an initial "false start", we are now able to advise that the new Uganda Trademarks Act no. 17, 2010 was published in the Gazette on 03 September and has come into operation as of that date. |
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The country code for the Top Level Domain (ccTLD) assigned to The Republic of Somalia, is the domain extension .so. This will be re-launched as an unrestricted ccTLD. According to current draft policies, the following extensions will be available for registration: |
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The UK domain name registry has announced that it intends to release short domain names (two and three character domain names) before the end of 2010. Characters corresponding to an existing Second Level Domain in .uk shall not be permitted as a Third Level Domain with the domain name extensions .co.uk, .me.uk, .org.uk and .net.uk. At present this includes ac, co. gov, ltd, me. mil, mod, net, nhs, nic , org, plc, police, com, uk and sch. There will be a two-stage sunrise and a landrush release process. |
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 In November 2004, Cadac (Pty) Limited (“Cadac”) introduced a barbeque kettle grill which led to a claim of trade mark infringement and counterfeiting by Weber-Stephen Products Co (“Weber-Stephen”), the owner of trade marks which relate to the shape and configuration of barbeque kettle grills. Weber-Stephen had obtained seizure warrants in terms of the Counterfeit Goods Act 37 of 1997 (“the CG Act”), which were executed during the Christmas period in 2004. Kettle grills in the possession of Cadac and also its dealers were seized. |
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Law firm Adams & Adams has received no fewer than ten national and international awards for excellence. The British based ACQ Finance Magazine has bestowed awards on the firm in five categories for South Africa for 2010 – Trademarks Law Firm of the Year, Competition Law Firm of the Year, Commercial Litigation Law Firm of the Year, Franchise Law Firm of the Year and Patents Law Firm of the Year. |
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 On 23 September 2010, Mr. Rob Davies, the Minister of Trade and Industry, issued a notice in terms of which the general effective date of the Consumer Protection Act will be deferred until 31 March 2011. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
