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Protection of Information Bill published
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.
Read more... | 12/03/2010  | Posted in: Commercial Law
Final day in the LSSA’s Constitutional challenge to the RAF Amendment Act (3 March 2010)
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.
Read more... | 5/03/2010  | Posted in: Civil Litigation, Third Party & Personal Injury Claims
Adams & Adams launches new specialised anti-counterfeiting team
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.
Read more... | 3/03/2010  | Posted in: Trade Marks, Intellectual Property
Day two in the LSSA’S Constitutional challenge to the RAF Amendment Act (2 March 2010)
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.
Read more... | 3/03/2010  | Posted in: Civil Litigation, Third Party & Personal Injury Claims
LSSA / Minister of Transport application commenced on 1 March 2010
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.
Read more... | 2/03/2010  | Posted in: Civil Litigation, Third Party & Personal Injury Claims
Minister of Transport applies to have the Road Accident Fund Act constitutional challenge postponed
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.
Read more... | 25/02/2010  | Posted in: Civil Litigation, Third Party & Personal Injury Claims
High Court declines to follow Reddot judgment
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.
Read more... | 18/02/2010  | Posted in: Trade Marks, Intellectual Property
International Trade Mark Registrations designating Mozambique
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.
Read more... | 18/02/2010  | Posted in: Trade Marks, Intellectual Property
Africa gears up for the enforcement of competition laws
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.
Read more... | 12/02/2010  | Posted in: Competition Law, Commercial Law
Woolworths' lovebirds held for ransom
Abusive domain name registrations, ambush marketing, trade mark infringement and passing-off – know your rights, or the lovebirds may get it.
Read more... | 11/02/2010  | Posted in: Intellectual Property
Adams & Adams top-ranked in international intellectual property survey
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.
Read more... | 4/02/2010  | Posted in: Adams & Adams
Liberia joins ARIPO
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.
Read more... | 19/01/2010  | Posted in: Intellectual Property, Patents
Road Accident Fund Act challenge to be heard 1 March 2010
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.
Read more... | 11/12/2009  | Posted in: Civil Litigation, Third Party & Personal Injury Claims
Two Oceans wine advertising misleading
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:
Read more... | 7/12/2009  | Posted in: Intellectual Property
Legal steps for Dismissals
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”).
Read more... | 6/12/2009  | Posted in: Commercial Law
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The firm practises directly in several Southern African countries and through long-established associates in others.