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Never miss a beat on Africa's legal and regulatory landscape.

Adams & Adams

The New Landscape of Trade Mark Laws In Zambia

Last year, Zambia passed the Trade Marks Bill 2023 in an effort to revise its archaic trade mark legislation prescribed by the Trade Marks Act (Chapter 401) 1958 (“the Old Act”). The Old Act has been in force for more than six decades.

 

The Old Act did n..
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Adams & Adams

Back to College at the Supreme Court of Appeal

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that c..

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Adams & Adams

One work to rule them all?

Battle lines have recently been drawn, after fan fiction writer, Demetrious Polychron, filed a 250-million-dollar lawsuit against the Tolkien Estate and Amazon on the basis of copyright infringement. Mr Polychron claims that his novel The Fellowsip of the King, which draw..

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Zurich Insurance Company 'hit by rock mass' in the Gautrain Tunnel

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 201..

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Adams & Adams

New Mozambique Copyright Act

On 29 June 2022, the Assembly of the Republic approved the new Copyright Law of Mozambique, Law 9/2022. The new law came into force on 26 September 2022.

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Parody in South Africa: addressing the Hippo in the room

A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line.

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Important trade mark and passing-off finding: Cairns Foods Limited v Netrade Marketing (Pty) Ltd

This is an appeal decision relating to Cairns Foods Limited and Netrade Marketing, two companies in the business of producing and marketing food products, in particular, fruit jam.

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Mauritius: Industrial Property Regulations 2022 promulgated and Industrial Property Act 2019 enters into force on 31 January 2022 and increase to Official fees

On 31 January 2022, the previously promulgated Industrial Property Act, 2019 was proclaimed and came into force in Mauritius. The Industrial Property Regulations 2022, made under the Act, also came into force on 31 January 2022.
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Adams & Adams

Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa

Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in Se..

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