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On 25 June 2002, the Copyright Act and the Performers’ Protection Act were amended to introduce needle-time rights.  The term “needle-time rights” refers to the right of an owner of a sound recording (embodying a musical work) and the performer of the musical work, to receive a royalty in respect of the broadcast, or performance, of that sound recording. 

The term “cyber-squatting”, which means registering or using a domain name in bad faith with the intent to profit from the goodwill in another’s trade mark, has gained significant exposure in the last decade with the exponential growth of the Internet and the concomitant increase in user traffic.  Fortunately, there is a quick, efficient and reasonably cost effective mechanism with which to combat cyber-squatting in certain name spaces, being the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Paying homage to the next generation of advertising greats – The Loeries Adams & Adams Young Creative Category

Tenacious, brave, hardworking, ‘out of the box’ , spurred on by an inner creative spirit.  These are just some of the qualities of the entrants in the Loeries Young Creatives Awards Category should have. “What’s more they represent characteristics which resonate with the Adams & Adams brand,” says Mariette du Plessis, senior partner at law firm Adams & Adams.

Chico Hamilton once said, “A lot of musicians aren't proud; they'll do other work, just to be able to play music. I guess that's the way it's always going to be - musicians will have to suffer to a certain degree in order to obtain their outlet”.

The South African Supreme Court of Appeal has handed down an important judgement for pharma trade marks. The case of Adcock Ingram v Cipla Medpro reconsidered the notion that pharmaceuticals sold on prescription are less likely to be confused because they are dispensed by trained professionals in regulated circumstances. In doing so the Court questioned the relevance of findings in a 1983 leading case, also involving Adcock, in contemporary society.

Mariette du Plessis, partner at Adams&Adams says she went to Design Indaba 2012, not quite knowing what to expect, but  the incredible creative talents in South Africa exceeded her expectations.

After a 20 year legal battle, the Federal Court of Canada has finally ruled that the well-known roar of the Metro-Goldwyn Mayer lion, which has been heard during the opening credits of movies produced by the film studio since 1924, can be registered as a trade mark in that country. The Registrar of Trade Marks had initially refused an application to register the sound trade mark application on the basis that it is not cable of being a trade mark.

The National Director of Public Prosecutions (“NDPP”) may, in terms of Section 38 of the Prevention of Organised Crime Act, 1998, (“POCA”), make an ex parte application to preserve (“freeze”) the property of any person for 90 days.  The NDPP must show that there are reasonable grounds to believe that such property constitutes proceeds of unlawful activities.

With effect from 1 March the firm not only has new partners and professionals, but it officially expanded throughout Africa too.

1 March saw the merger of the full Bowman Gilfillan IP practice into that of Adams & Adams.  This move means Adams & Adams is now the biggest IP practice in South Africa, throughout the continent of Africa and indeed the Southern Hemisphere.  It means 5 new partners, and 19 further professional staff members, and a further complement of support staff who have joined the firm.

Over and above this, during the months of February and early March, the firm opened further offices in Africa, i.e. in Tanzania (including Zanzibar), Burundi and an OAPI office based in Cameroon.

Piracy: Definition – in the context of this article -

“a person who uses or reproduces the work or invention of another without authorisation”.

“Watching a tree trunk, a piece of wood or a pile of planks transform into something beautiful is what does it for me” – Mike van Heerden, emerging creative and winner of the ‘Most Creative Stand’ at this year’s Design Indaba.