News
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 On 24 February 2010 and in the North Gauteng High Court, the Minister of Transport brought an Application for Postponement of the main Application between the parties, in which the Law Society of South Africa and ten others are challenging the constitutionality of certain sections of the Road Accident Fund Amendment Act. The Minister of Transport cited two reasons why the court should grant a postponement of the main application which is set down for hearing for the period of 1 to 3 March 2010. |
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 The North Gauteng High Court handed down judgment in the case of Oilwell (Pty) Limited v Protec International Limited and Others (case no. 44835/08) on 17 February 2010, ruling that a trade mark assignment agreement entered into without prior Treasury approval, does not constitute a contravention of Regulation 10(1)(c) of the Exchange Control Regulations, 1961, and that a contravention of Regulation 10(1)(c) would, in any event, not render such an assignment agreement null and void, ab initio. The applicant, a South African company, was previously the proprietor of various trade mark registrations for the trade mark PROTEC in South Africa and abroad. On 4 July 1998, an assignment agreement was entered into between, inter alia, it and the first respondent, by which the PROTEC trade mark registrations were assigned to the latter. |
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 The owner of an International Trade Mark Registration designating Mozambique must bear in mind that the Industrial Property Code of Mozambique requires filing of a Declaration of Intention to Use (DIU) every five years. The five-year periods are calculated as follows: • For an International Registration designating Mozambique at the time of application for registration, the five years will run from the application date of the International Registration (e.g. Application date of International Registration 01 January 2000 – First DIU due 01 January 2005. |
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 With the South African competition authorities dishing out staggering fines, the latest being Pioneer Foods, which were fined by the Competition Tribunal in the amount of just under R200 million, other African countries are gearing up to enforce competition law in their respective countries. |
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 Abusive domain name registrations, ambush marketing, trade mark infringement and passing-off – know your rights, or the lovebirds may get it. |
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 Adams & Adams has been recognised by the well known international publication Managing Intellectual Property, as a first tier law firm in the recent international intellectual property survey. The firm was ranked in the first tier in all areas of intellectual property law covered by the survey, namely: patent prosecution, patent litigation (contentious work), trade mark prosecution, trade mark litigation (contentious work) and copyright. |
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 On 24 December 2009, Liberia deposited its instrument of accession with ARIPO in respect of both the Harare and Banjul Protocols. Liberia’s accession to ARIPO will become effective as from 24 March 2010. This brings to 17 the number of states which are party to the Harare Protocol and to 9, the number of states which are member of the Banjul Protocol. |
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 Acting Deputy Judge President WJ van der Merwe of the North Gauteng High Court today confirmed that the review application launched by the Law Society of South Africa and ten others, in which certain sections of the amended Road Accident Fund Act are challenged, will be heard from 1 to 3 March 2010. |
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 The Advertising Standards Authority Directorate (the Directorate) ruled on Friday, 4 December 2009 that Distell Limited had to immediately withdraw its Two Oceans wine packaging, television commercial and the “From a Special Place” advertising on its website, www.twooceanswines.co.za. Adams & Adams lodged a competitor complaint against Distell Limited (the Respondent), on behalf of Cape Point Vineyards (Pty) Limited (the Complainant) on 16 October 2009. The Complainant identified the following clauses in Section II of the Code of Advertising Practice (the Code) as relevant: |
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 The following article by Adams & Adams professional assistant Jonathan Maphosa was published on Law24.com on 3 December 2009. Legal steps for employers contemplating retrenchment or dismissal for poor work performance Retrenchment procedures In light of the steep increase in large scale retrenchments embarked upon by local industries, the requirements for a fair retrenchment process in terms of the Labour Relations Act (“LRA”) have become the subject of greater scrutiny by the Labour Court and the Commission for Conciliation, Mediation and Arbitration (“CCMA”). |
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 The Russian Registry recently announced the release of IDN domain names under .РФ (the Cyrillic ccTLD for the Russia Federation) from November 25, 2009 to March 25, 2010 (Sunrise Domain Registrations) for owners of Cyrillic Russian trade marks. Prior to this most recent development governments, companies and individuals could register domain names based on different languages only in Latin transliteration. The current Internet domain system will go much further by allowing Cyrillic characters in a URL. |
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 Review application of the LSSA and 10 others / RAF and Minister of Transport could be heard as early as February 2010. The Applicants were left with no alternative but to approach the Deputy Judge President of the North Gauteng High Court for assistance. An urgent pre-hearing conference was convened by Deputy Judge Shongwe, and Acting Judge Sapire was requested to preside over the conference. The purpose of the conference was for Acting Judge Sapire to issue a directive on the dates for filing of the answering affidavits, replying affidavits, heads of argument and a date for the hearing of the application. |
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 The Development at Century City The Supreme Court of Appeal handed down judgment in the case of Century City Apartments Property Services CC and the Registrar of Companies and Close Corporations v Century City Property Owners Association (SCA CASE NO 57 of 2009) on 27 November 2009, ruling that the mark CENTURY CITY for services in classes 36, 41 and 42 has become a sign which may serve in trade to designate the geographical origin of services, and hence ordered that the trade mark registrations for it be revoked. |
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 GABORONE - Intellectual property is key to economic development and other spheres of wealth creation. As such it remains crucial to the commercialisation of technology, development of science and trade in goods and services, said Permanent Secretary in the Ministry of Trade and Industry, Ms Banny Molosiwa. She was speaking at the official opening of the 33rd session of the Administration Council of the African Regional Intellectual Property Organisation (ARIPO) in Gaborone yesterday. |
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The 33rd Session of the ARIPO Administrative Council held together with the meeting of the Council of Ministers is currently underway at the Gaborone International Convention Centre in Botswana. Nicky Garnett who runs the Africa Patent Department and Nthabisheng Phaswana who is an Associate in the same Department were invited to attend the meeting in an observer capacity. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
