Clear all

Refine your search

Tags
Author
Jurisdiction

437 results found

Commentary
Ask Lexy

ENSafrica | South Africa | 22 Sep 2021

Legislating 4IR for healthcare in South Africa

The "fourth industrial revolution" (4IR) refers to the complex ecosystem encompassing artificial intelligence (AI), among other things. In the healthcare context, there have been and will continue to be extensive gains and opportunities to solve existing challenges with the use of the technologies encompassed within the 4IR and AI. However, care will need to be taken to limit the possible......
Commentary
Ask Lexy

Spoor & Fisher | South Africa | 9 Aug 2021

IP protection is no game, especially during the Olympics

As well as being the pinnacle of global athletic competition, the Olympics might also be considered a festival of IP protection. There are robust IP rights threaded through the Olympics at every level that are critical to safeguarding the integrity and commercial value of the Olympic brand. This article takes a closer look at IP law in South Africa and how it might be used to understand IP......
Commentary
Ask Lexy

ENSafrica | South Africa | 4 Aug 2021

Cosmetic or medicine? The distinction could be in the claim

The courts have held that if a person says that a product is used for the purpose of treating or preventing disease, it will fall within the definition of a "medicine" under the Medicines and Related Substances Act 101 1965. In a recent decision, the Directorate of the Advertising Regulatory Board was asked to determine the boundary between medicinal and cosmetic claims. Although this......
Commentary
Ask Lexy

Spoor & Fisher | South Africa | 24 May 2021

Court upholds Nivea Men passing-off claim

The Supreme Court of Appeal recently found in favour of Beiersdorf AG, which had claimed that the shower gel product Connie Men passed off its Nivea Men product due to various similarities in the products' packaging. While most of the judges had no difficulty in establishing passing off, one judge issued a long and robust dissenting judgment, which serves as a reminder that trademark owners......
Commentary
Ask Lexy

Bowmans | South Africa | 19 May 2021

Enforcing awards against associated ships: court clarifies position on charterparty claims

In maritime claims, the practicalities of locating a viable target vessel to arrest can be challenging. This is particularly relevant when the ship which is the subject of the underlying claim has been sold or no longer exists. A recent judgment not only clarifies an area of the law which has been uncertain for some time, but also demonstrates good common sense and should be welcomed by......
Commentary
Ask Lexy

Spoor & Fisher | European Union, South Africa | 17 May 2021

Should TRIPS waivers be used to resolve vaccine inequality?

Amid growing calls for vaccine equity, South Africa and India have proposed the suspension of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for the duration of the COVID-19 pandemic. The rationale behind the proposal is that if patent rights were waived, this would result in increased supply and expedited roll-out of vaccines. However, the counterargument is......
Commentary
Ask Lexy

Spoor & Fisher | South Africa | 10 May 2021

Supreme Court of Appeal makes rare patent judgment

The Supreme Court of Appeal recently handed down a rare patent judgment in a case in which a patent infringement claim had been met by an attack on the validity of the patent. The issue in this case was whether a patent relating to the mounting of a radar system on a motorised automobile vehicle was valid, given that the same radar system had previously been mounted on a trailer hitched to a......
Commentary
Ask Lexy

ENSafrica | South Africa | 28 Apr 2021

Biosimilar regulation FAQs

A biosimilar is a biological medicine that is manufactured to be similar, but – unlike a generic pharmaceutical medicine – not necessarily identical, to its reference medicine. The South African Health Product Regulatory Authority has published several guidelines to assist applicants which wish to register biological and biosimilar medicines. This article answers FAQs about the registration......
Commentary
Ask Lexy

Spoor & Fisher | South Africa | 5 Apr 2021

IP success for shoe brand Bathu

Proudly South African trainer brand Bathu is not only becoming a beloved household name, but also building a legacy that will last. The brand has arguably captured consumers' attention by ticking all of the boxes of a Western trainer brand while simultaneously presenting an African-centric narrative. This article explores how Bathu is successfully protecting its intellectual property and, in......
Commentary
Ask Lexy

Bowmans | South Africa | 24 Mar 2021

Collisions in the Suez Canal: revisiting genuine and reasonable need for security

A recent judgment by the Durban High Court has highlighted, once more, that the assessment of a genuine and reasonable need for security must be made on the careful analysis of all of the facts and circumstances of the particular case and that the reliance on generalised grounds can be dangerous. While the legal test for the genuine and reasonable need is unlikely to change in years to come,......
Previous page 1 2 3 ...