Tag: trademarks

The responsibility for the management of an intellectual property (IP) portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips and tricks which may stand you in good stead on your first day on the job as in-house counsel, tasked with protecting your company’s IP.

A registered trademark is vulnerable to revocation or cancellation for non-use if it has not been used for the goods and/or services for which it is registered for a certain amount of time. In most instances this time period is five years and is calculated from the date of registration, as in South Africa and the European Union.

In September 2022, the Copyright Amendment Bill was passed by the National Assembly – giving South African artists, creators and entrepreneurs more benefits and rights, including receiving adequate remuneration.

It was the Roman Statesman, Marcus Tullius Cicero who first used the phrase: Silent enim lēgēs inter arma – In times of war, the law falls silent. These words may still ring true today as the world witnesses the horrifying effects of wars in our time, and the appropriation of property that accompanies them.

A question of acquired secondary meaning and jurisdictional interpretation. The heels with the red soles represent not only the image of a fearless and independent woman but are also synonymous with the famous name Christian Louboutin since 1992. The shoes are known for their distinctive red soles that are usually in stark contrast to the remainder of the shoe.

Not resting on its laurels since releasing Squid Game, its most watched series to date, Netflix has been hard at work – filing trade mark applications worldwide to protect the Squid Game name and logos for a wide variety of products and services.

In what can best be described as a robust and 'no bars held' move, Russia has declared that champagne producers must now include the designation 'sparkling wine' on their champagne products manufactured for export to Russia. 

This article is based on the Court case (330/2019) [2020] ZASCA 34 (03 April 2020). The taxpayer was engaged in the importation, manufacturing and distribution of alcoholic beverages. The taxpayer entered into an agreement with foreign brand owners for the advertising and promotion of their alcoholic products in South Africa.

An interview with Darren Olivier, Partner Adams & Adams, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the legal implications of remote working with respect to an organisation's intellectual property.

Intellectual property (IP) is often overlooked when a business is compelled to seek business rescue or liquidation, but it may form a valuable asset, requiring decisions to be made on whether to sell it or maintain it. In the current economic climate, many businesses will unfortunately find themselves in the unenviable position of having to decide between business rescue and liquidation.