News
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 Parts of the Consumer Protection Act (CPA) took effect on 24 April 2010. The relevant provisions of the CPA that are now in force, relate to the following issues: • the definitions used in the Act; • the purpose, policy and application of the Act; and • the establishment and functions of the National Consumer Commission. |
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 We are pleased to announce the opening of Adams & Adams Angola in the capital, Luanda. The office, run by Jacinto Pedro Ucuahamba with the assistance of Elio Teixera from our Mozambique office, is now operational. Adams & Adams Mozambique has been operational since last year. The extension of Adams & Adams’ practice to Angola is a natural progression in an effort to improve and enhance the services we offer to our clients in Africa. This is especially important in Angola which has a significant emerging economy but is hamstrung by perceived difficulties in protecting rights. |
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 On 30 April 2010 Judge Murphy, sitting as the Commissioner of Patents for the Republic of South Africa delivered his judgment in the matter of Ausplow Pty Ltd vs. Northpark Trading 3 (Pty) Ltd and three others in the Court of the Commissioner of Patents. The matter relates to an amendment of South African Patent No. 95/0812, the invention in respect of which relates to a seeding assembly, wherein Ausplow sought the amendment of a number of the claims of the patent in light of an earlier finding by the Supreme Court of Appeal that claim 1 of the patent was invalid for lack of an inventive step (obvious). The amendment application and other relief sought were opposed by three of the respondents who claimed that the amended claims 1 and 13 remained invalid for lack of an inventive step. |
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On Friday 23 April 2010, the Law Society of South Africa, filed Applications for Leave to Appeal the judgment of Fabricius AJ, handed down on 31 March 2010, at both the North Gauteng High Court, as well as the Constitutional Court. Dates for the hearing of the Applications for Leave to Appeal have not been allocated yet. |
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 Intellectual property law firm Adams & Adams supports the World Intellectual Property Day exhibition being held at Sammy Marks Square, Pretoria. “Keeping South Africa competitive in the global ‘knowledge economy’ is a priority of the South African government,” says Adams & Adams Chairman Dario Tanziani. |
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 The Department of Health has announced that its controversial regulations aimed at protecting children from unhealthy food choices will not be implemented until at least 2011. Fortunately, these government regulations are not the only limitations placed on advertisers of so-called “junk food”, whose target market is too young to make informed dietary choices. This article takes a look at the current position. |
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 The Honourable Fabricius AJ handed down judgement in the North Gauteng High court, Pretoria, on 31 March 2010. The noting of the judgement lasted only a few minutes with the judge in summary saying that the application was dismissed save for prayer 18 regulation 6(1) which must be read as meaning in addition to what is required by section 24(1)(b) and no order as to costs was given. The order pertaining to costs in effect means that each party has to bear their own costs in the application. |
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 Judgment will be delivered at 10am on Wednesday, 31 March 2010 in the North Gauteng High Court, Pretoria. A court has not yet been allocated. |
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 Liberia acceded to the Harare Protocol by depositing its instrument of accession on 24 December 2009. Accordingly, as of today i.e. 24 March 2010 it is possible to designate Liberia as a designated state in an ARIPO application. This brings to 16 the number of states which can be designated in an ARIPO patent application. |
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 The Minister for Higher Education and State for Scientific Research has published a notice in the Official Gazette No. 24 dated 31/1/2010, stating that applications can now be submitted for national phase entry in Egypt up to 3 months after expiry of the of the 30 month PCT national phase filing deadline, subject to payment of additional fees. |
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 The Protection of Information Bill, 2009 (“the Bill”) was published in the Government Gazette on 5 March 2010 for general comment. The Minister of State Security intends to introduce the Bill in the National Assembly in due course. If it comes into effect, the Bill will replace the Protection of Information Act, 1982. |
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 Adv HJ de Waal, acting on behalf of the Respondents, closed his argument, followed by Adv S Budlender who dealt with the Applicants’ attack on the following 5 points: the emergency medical tariff, the time period for lodgement of claims, the place of lodgement, the RAF forms, and the appropriate remedy. |
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 Adams & Adams is pleased to announce the launch of a new team specialising in anti-counterfeiting matters. While Adams & Adams has, since the inception of the Counterfeit Goods Act, been a leading South Africa law firm in the fight against counterfeit goods and piracy, we realised towards the end of 2009 that a fresh approach was required in this field. Trade mark proprietors are under ever increasing pressure to protect their trade marks in expanding markets and online, but with limited resources. |
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Adv Ncomisa Mayosi, acting for the Applicants started the proceedings by presenting to the court the legal principles applicable to “consultation” or “debate” that the Minister of Transport failed to adhere to before they imposed the UPFS tariff in respect of medical expenses. She indicated that the principles of consultation and debate can be summarised as general and adequate notice to interested parties, consultation with interested parties and a consideration of the suggestions and views of such interested parties. Counsel put to the court that these principles were not met and from this it may be deduced that the amendment was made in light of a pre-conceived scheme. Counsel took the court through the various meetings that were held by the RAF in anticipation of the imposition of the new tariffs and the arbitrary manner in which these new tariffs were decided upon. |
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 On Monday 1 March 2010, the constitutional challenge to the Road Accident Fund Amendment Act, commenced in the North Gauteng High Court, before Fabricius AJ. The proceedings started with applications by the Ministers of Health and Finance, to intervene in the main application. Both applications were dismissed with no order as to costs. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
