|
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. |
|
|
|
|
So just how big is your brand? And what’s it really worth?
GET THE ANSWER WITH ISO 10668:2010 |
|
|
|
|
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.
|
|
|
|
|
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”). |
|
|
|
|
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. |
|
|
|
|
Cholesterol Ease - passing off cases not that easy
The Western Cape High Court per Acting Judge Cloete delivered judgement in the case of 3 Jerks Manufacturing CC v Vital Health Foods (Pty) Ltd (“Vital”) on 2 December 2011. Adams & Adams Cape Town Office represented the Respondent, Vital. |
|
|
|
|
Satire vs The ASA Code
|
|
|
|
|
Second Proposed Amendments are Highly Welcomed by Software Developers
The second proposed amendments (introduced during October 2011) seem to provide more clarity on most of the provisions which govern the research and development (R&D) tax incentive as compared to the first proposed amendments (introduced during June 2011). |
|
|
|
|
Consumers do care about organic food & wine
We were recently notified by one of our Twitter followers of a survey published in Winetimes, where a research panel found that only 18% of wine consumers consider an organic certification to be an important influencing factor when purchasing wine. It appears that pricing and varietals play a more important role in the purchasing decision.
|
|
|
|
|
Adams & Adams is proud to be involved with the PICA Awards
The night of the 17th of November 2011 recognised South Africa’s Magazine publishing professionals and as the partner of the 42nd annual PICA awards, the Adams & Adams team was present to award 12 individuals with their prestigious awards. The Magazine Publishing Association of South Africa had once again done an outstanding job of producing an amazing gala event that featured entertainment from Die Heuwels Fantasties and Willem Breytenbach.
|
|
|
|
|
New Designs Class 32 not so Classy?
In the Patent Journal of December 2010, a revised Schedule 3 of the Design Regulations was published. Schedule 3 sets out the classification system used in South Africa to classify designs. A number of minor amendments and additions to the classification system were made. Furthermore, a new class 32 for “graphic symbols and logos, surface patterns, ornamentation” was added, class 14 was amended to include a subclass 14-04 for screen displays and icons, and class 99, entitled “Miscellaneous” was deleted.
|
|
|
|
|
More than just a pretty face ... time for design protection
For centuries humankind has been obsessed with adornment, with many an ancient burial site having revealed articles of adornment, still breathtakingly beautiful, mysterious, alluring and strangely familiar. So what’s with this fascination for things beautiful? Countless hours, across many disciplines, have been, and continue to be, dedicated to our better understanding of this, one truth being that it is very likely that this fascination shall prevail for a long time to come.
|
|
|
|
|
Adams & Adams partners with MPASA’s 42nd PICA Awards in awarding the Individual categories
Adams & Adams has been protecting the fruits of their clients’ creativity in the form of trade marks, copyright, designs, and patents for over 100 years.
|
|
|
|
|
Brands, designs, copyright & patents – a bundle of rights
What is the difference between a brand and a patent and when can I rely on copyright? The public may not always be aware of their rights and when they can rely on them.
Let’s look at one of the iconic symbols of the 20th century, the original Coca - Cola Bottle.
|
|
|
|
|
Fulfillment of Contractual Terms: Exactly how much effort is required?
An important term to a commercial contract which is often overlooked is the term relating to the level of effort required from a party in fulfilling its obligations under the contract. While good faith will always be implied in commercial contracts, the issue of whether sufficient “effort” was made by a party to fulfill an obligation arises when such party has failed to fulfill the obligation in question. The question is usually: how much effort was required? “best effort”? “reasonable effort”? “commercially reasonable effort”? “best endeavour”?, etc. Unless the relevant level of effort required is adequately defined in the relevant contract, it is usually difficult, under South African law, to ascertain with certainty what the parties intended.
|
|
|
|
|
The firm practises directly in several Southern African countries and through long-established associates in others.
