Intellectual Property

Obtaining grant of a patent can be a time-consuming and sometimes expensive process, but litigation can be even more costly. Mistakes must be avoided at all costs then, and Adams & Adams has more collective experience than any other patent law firm in Africa – particularly in dealing with applications and the defence of patents across the globe. The patent team of Adams & Adams can guide you through the maze of patent application facts and potential challenges or objections.

Adams & Adams offers an exhaustive patents search and filing service for both local and foreign applicants and clients who wish to define and commercialise their invention or design in South Africa, Africa and globally.

South Africa is a member of the UPOV Convention for the Protection of new Varieties of Plants, and the WTO / TRIPS. Protection by way of a plant breeder’s right may be obtained in respect of new varieties of certain ‘kinds of plants’ by filing an application for registration under the Plant Breeders’ Rights Act. Contact us now for details on protectable subject matter, as well as our services pertaining to Plant Breeders’ Rights in South Africa and worldwide.

Any trade mark that is registered should be a strong protectable brand. What may seem a good idea, or innovative, may lead to rejection for many different reasons. And if your application succeeds, how do you use the trade mark effectively. These are all aspects that are covered in detail when you consult with Adams & Adams Attorneys. We’ll talk to you about the process, about the suitability and strength of the mark, unintended connotations of your proposed mark, how to properly use your mark, potential legal refusals to register the mark and other issues as may pertain to your particular circumstances.

The Adams & Adams Advertising Law Group has represented the advertising, marketing and promotion industries, as well as hundreds of brand-owners, for many decades. Our clients include name-brand advertisers, advertising agencies, production companies, media companies, publishers, and leading trade associations.

Section 15A was added with effect from 30 December 2002. The Minister of Trade and Industry may declare an event (which means a show, exhibition or competition of a sporting, recreational or entertainment nature which is held in public as newsworthy or attracts public attention and is financed or subsidised by commercial sponsorship and includes a broadcast) a “protected event” if he is satisfied that the staging of the event is in the public interest and creates sufficient opportunities for small businesses and particularly those of previously disadvantaged communities.

The principle of any kind of property is that the owner may use it as he wishes, and that nobody else can lawfully use it without his authorisation. This does not, of course, mean that he can use it regardless of the legally recognised rights and interests of other members of society. And similarly, the owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorisation.

We are able to assist with clarifying the various rights of copyright, assisting you with disputes related to copyright claims, and international copyright matters.

The principle of any kind of property is that the owner may use it as he wishes, and that nobody else can lawfully use it without his authorisation. This does not, of course, mean that he can use it regardless of the legally recognised rights and interests of other members of society. And similarly, the owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorisation.

Our team regularly conducts client portfolio reviews to ensure that the necessary IP rights are protected and, if not, recommends ways to fill the gaps. The Counterfeit Goods Act makes provision for enforcement based on infringements of registered trade marks, copyright, as well as infringements of well-known (unregistered) trade marks.

We keep accurate records of all clients’ rights in this regard and ensure that Customs recordals are regularly reviewed to ensure timeous renewals and updating of records. We maintain a very good relationship with law enforcement and ensure excellent collaboration with the authorities to secure apprehension of dealers in counterfeit goods as well as the identification of new trends in importing and moving counterfeit goods.

We also conduct in-depth investigations to infiltrate sophisticated criminal enterprises involved in counterfeit goods trade and to understand the extent of the problem. Based on the outcome, we devise an effective enforcement strategy within client’s budget, including:

Participating in training of law enforcement agencies;
Conducting in-market surveys or investigations and obtaining test purchases;
Lodging complaints with various law enforcement agencies;
Participating in regular search and seizure operations;
Educating the public through the media to raise awareness of IPRs, counterfeit activities and health/safety awareness;
Facilitating co-operation between stakeholders nationally, as well as regionally and internationally, such as the WHO, WTO, WCO and Interpol and
Instituting civil action and supporting criminal action against counterfeiters.

Economic conditions and business environments in general have improved significantly due to decolonisation, urbanisation, withdrawal of unfavourable sanctions, economic emancipation of many countries and rapidly growing middle classes. Research indicates that the rate of urbanisation in Africa is faster than that of any other continent – to the extent that Africa is expected to no longer be considered a rural continent within the next ten to fifteen years.

This demonstrates that there is good business potential in Africa. It is for this reason that multinational brand holders have embarked on expansion plans, profitable to fully exploit their intellectual property potential, increase sales and generate revenue. However, this has also created a demand for counterfeit goods.

Counterfeit goods trade is rife in Africa. The fundamental issues experienced include a lack of proper legislative framework, weak enforcement as a result of lack of experience and limited resources. However, these challenges are not insurmountable and there are legal avenues available to effectively address the proliferation of counterfeit goods on the continent.

Over the past few years, counterfeit fast-moving consumer goods (FMCG) have developed into a thriving market. One of the main concerns with counterfeit FMCG goods is the health and safety risk posed to unsuspecting consumers. A report by the World Health Organisation (WHO) indicates that nearly a quarter of pharmaceuticals in circulation in developing countries – including HIV/Aids, TB and malaria treatments – are of a poor and unacceptable quality. Such medication is at best ineffective and at worst, deadly. Counterfeit motor vehicle or aircraft replacement parts also place innocent lives at serious risk. Another concern is that counterfeits have now filtered into the legitimate distribution channels.

Our Anti-Counterfeiting team is capable to assist with enforcement in Africa and regularly travel to Southern African, East, West and Central African countries to engage and assist international, reginal and local enforcement agencies with investigation, training and supporting criminal prosecutions.

South Africa is a member of the UPOV Convention for the Protection of new Varieties of Plants, and the WTO / TRIPS. Protection by way of a plant breeder’s right may be obtained in respect of new varieties of certain ‘kinds of plants’ by filing an application for registration under the Plant Breeders’ Rights Act. Contact us now for details on protectable subject matter, as well as our services pertaining to Plant Breeders’ Rights in South Africa and worldwide.