The patentability of genes

In order to be patentable, an invention must be new, it must involve an inventive step and it must be capable of being used or applied in trade, industry or agriculture. For mechanical inventions, unlike biotechnological inventions, it is more often than not quite clear whether or not an invention is capable of industrial application. 

Adams & Adams appoints new chief operating officer

Adams and Adams has appointed Stuart Boyd as chief operating officer. 

Boyd, who is a chartered accountant, has consulted to the office of the Auditor General since 2007, implementing financial management improvements.

Before that he was with Nedbank where he held various executive positions, including a secondment at Swisscard, a joint venture between American Express and Credit Suisse, in Switzerland.

Jenni Button restrained from using her own name

The Cape High Court granted an order on 19 September 2008 against the well-known South African clothing designer, Jenni Button, interdicting her from making use in any way of the trade name JENNI BUTTON for purposes of conducting business within the retail clothing trade in South Africa.  She was also directed to pay the costs of the application.

The High Court actually dealt with two applications heard simultaneously : 

• the first, by Jenni Button against Jenni Button (Pty) Limited (“the company”) and other entities, to transfer to her 30 % of the shares of the company; and

• the second, a counter-application by the company to restrain Jenni Button from using the trade name JENNI BUTTON for purposes of conducting business within the retail trade including as part of the domain name jennibutton.com.

Adams & Adams appoints new senior associate

Adams & Adams has appointed Danie Strachan as a senior associate in the firm’s Commercial Law section in Pretoria.

Strachan specialises in general commercial and corporate law, and is an admitted attorney and notary public as well as a qualified trade mark practitioner. 

Tanzania – fresh anti-counterfeiting measures

The long awaited Merchandise Marks Act Regulations have been published in the Tanzanian Government Gazette of 20 June 2008. The Regulations and earlier amendments to the Merchandise Marks Act of 1963 (“the Act”) serve to amend the Merchandise Marks Act of 1963.  The Regulations have come up with practical strategies and rules to tackle trade in counterfeit goods and pirated copies.