News

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Adams & Adams and Bowman Gilfillan merge Intellectual Property Law practices
Bowman Gilfillan and Adams & Adams have agreed in principle to merge  Bowman Gilfillan’s intellectual property law practice with Adams & Adams on 1 March . This merger will enhance the position of Adams & Adams as the largest intellectual property law firm throughout  Africa, and across the Southern Hemisphere.
Read more... | 19/01/2012  | Posted in: Legal News
Molteno to take National Lottery to court

The Molteno Institute for Language and Literacy has announced that it is taking the National Lottery to court over claims of corruption in the reversal of a decision to award R20 million per year to the non-governmental organisation (NGO). This comes as just last Friday, hundreds of people representing NGOs took part in a protest march accusing the National Lottery of unfair treatment.

Read more... | 3/02/2012  | Posted in: Competition Law
NXT\ Launches new Adams & Adams Website

South Africa’s leading full-service digital agency, NXT\ Digital Innovation, has completed yet another successful website launch. Commissioned by specialist intellectual property law firm, Adams & Adams, NXT\ assisted in the creative rationale and conceptualisation of the new website layout and design.

Read more... | 3/02/2012  | Posted in: Legal News
FRANKIES vs WOOLWORTHS: Ominous Storm in a Soda Cup
The ASA ruling of 1 February 2012, on a complaint lodged by soft drink producer Frankie’s Olde Soft Drink Company against retailer Woolworths (Pty) Ltd, should be of concern to lawyers, business people and consumers in South Africa alike.  The ruling regrettably avoided established principles of law and of free market competition
Read more... | 3/02/2012  | Posted in: Advertising Law
Concern voiced over AG findings’
The findings of the Auditor General's annual government audit are “scandalous” and heads should roll, trade unions and the Democratic Alliance said on Tuesday.
Read more... | 2/02/2012  | Posted in: Commercial Law
To rescue or not to rescue, that is the question
With the introduction of the new Companies Act (“the new Act”), the phenomenon of business rescue has come to the fore.
Read more... | 2/02/2012  | Posted in: Corporate Law, Commercial Law
Fraud in companies by directors and CEO's

The Supreme Court of Appeal (SCA) recently had to decide under which circumstances non-disclosure by two joint chief executive officers of a company of certain financial interests which they had, resulting in substantial profits being secured from such interests, should be disclosed to the board of the company on which they served.

Read more... | 1/02/2012  | Posted in: Commercial Law
A case of double sale
In the matter of Meridian Bay Restaurant (Pty) Ltd and Others v Mitchell, the Supreme Court of Appeal (SCA) recently had to decide on an appeal by a third party who had knowledge of the personal rights of prior purchasers of property in a sectional title development scheme, to which third party such property was sold by the sectional title developer contrary to the personal rights of the prior purchasers, in terms of a so-called ‘double sale’.
Read more... | 30/01/2012  | Posted in: Legal News, Property Law
A case of chicken that's too spicy
In a recent decision of the Supreme Court of Appeal (SCA) the court decided that a supplier of goods cannot rely on a clause excluding liability for defects in the goods supplied, where the goods delivered were entirely different to the goods bargained for. In dealing with the element of wrongfulness, the SCA held that policy considerations may dictate that a manufacturer that caused pure economic loss by supplying a defective product to be held liable for such loss.
Read more... | 26/01/2012
Botswana’s competition authority officially launched in Gaborone
Although Botswana adopted Competition legislation in 2009, some two years passed until October 2011, before regulations were passed in terms of the Act.  The Minster of Trade and Industry, Ms Makgatho-Malesu will tomorrow officially launch the Competition Authority at its offices in Gaborone and also reveal the Authority’s logo, and it is expected that enforcement of the Act will commence in all earnest.
Read more... | 25/01/2012  | Posted in: Competition Law
Aspen gets the sniffles after trade mark battle
In a judgment handed down on 22 December 2011, the North Gauteng High Court, Pretoria ordered the cancellation of generic pharmaceutical giant, Aspen Pharmacare's registered trade mark ANDOSEPT. The court's order will effectively prevent Aspen from continuing to sell its ANDOSEPT pharyngeal product.
Read more... | 10/01/2012  | Posted in: Trade Marks, Intellectual Property, Advertising Law
So just how big is your brand? And what’s it really worth?
GET THE ANSWER WITH ISO 10668:2010
Read more... | 5/01/2012  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law
Attorneys are suppliers too
Some implications of the CPA for the legal profession

Introduction
As most readers know by now, the Consumer Protection Act, 2008 (“CPA”) came into effect on 1 April 2011. It applies to every transaction concluded within South Africa between suppliers (acting in the ordinary course of business) and consumers.
Read more... | 19/12/2011  | Posted in: Consumer Protection, Legal News
Total substantiation of Colgate's claims before the ASA
Colgate-Palmolive (Pty) Limited (“Colgate”) has successfully defended a number of advertising claims made in respect of its Colgate Total toothpaste product before the Advertising Standards Authority of South Africa (“ASA”).
Read more... | 13/12/2011  | Posted in: Trade Marks, Intellectual Property, Legal News, Advertising Law
35th ARIPO Administrative Council Meeting
The 35th ARIPO Administrative Council Meeting and Council of Ministers was held in Accra, Ghana from 28 -30 November 2011. The meeting sees the coming together of Registry and Government officials from each of the 18 ARIPO member states to discuss ARIPO operational matters as well as wider policy issues.
Read more... | 7/12/2011  | Posted in: Intellectual Property, Legal News
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The firm practises directly in several Southern African countries and through long-established associates in others.