It has come to my attention that the Companies and Intellectual Property Commission (CIPC) has issued notice GN680 (GG39066-7-8-2015, dated 15 July 2015) in which it gives accreditation to the Independent Music Performance Rights Association (IMPRA) as a “representative collecting society” in terms of Regulation 3(1), (2) and (7) of the Regulations on Collecting Societies. […]
Read More
Patents: Affirmation that lack of novelty need not be counterclaimed in order to be used
In a recent judgment by the Supreme Court of Appeal (SCA) in Strix Limited v Nu-World Industries (20453/2014) [2015] ZASCA 126 (22 September 2015) 1 very important issue was dealt with succinctly by the court: the court affirmed that a defence of lack of novelty is available even where the defendant does not use it […]
Variation of agreements by email – no Spring in the court’s step
INTRODUCTION AND BACKGROUND Forum 1 and 2 Panorama Office Estate (Pty) Ltd v Indigold Cellular CC and Others (72355/09) 2015 ZAGGP (10 July 2015) dealt with, to some extent, the same issues that were dealt with by the Supreme Court of Appeal in Spring Forest Trading v Wilberry (725/13) 2014 ZASCA 178 (21 November 2014) […]
Trade Marks – the certificate doesn’t signify the end of the process
So, you’ve filed your trade mark application; the Registrar has examined and approved your trade mark; you’ve advertised your trade mark and within the three-month window period, no-one has opposed your trade mark and you’ve obtained your certificate of registration- what then? Many trade mark owners believe that once they have prosecuted their trade mark to […]
GOOGLE ADWORDS – AN EVEN CLEARER PICTURE
BACKGROUND AND INTRODUCTION On 29 October 2014, the Gauteng Local Division, Johannesburg handed down its judgment in the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (Case number 39605/13). Essentially this case dealt with the bidding on keywords (relative to Google advertising) which are the trade mark of […]
CONTRACT LAW: NON-VARIATION CLAUSES – MEETING MODERN BUSINESS PRACTICES
Spring Forest Trading v Wilberry (725/13) 2014 ZASCA 178 (21 November 2014) Importance of this case The case fortifies how emails and simple electronic signatures at the bottom of such emails can constitute an amendment or cancellation of an agreement – effectively bringing contract law (particularly in relation to non-variation clauses) in line […]
Aligning your brand with trade mark registrability requirements – some ideas
The early stages of an entrepreneur’s business life involve developing a product which will meet a certain need or want in society; or provide a novel way to meet a need or want that has pre-existing, but inadequate, solutions. Thereafter, the entrepreneur approaches a brand designer (or embarks on this him/herself) in order to create […]
No More Needle In “Needletime” Royalty Negotiations Between Broadcasters And Sound Recording Copyright Holders
Importance of the case National Association of Broadcasters v South African Music Performance Rights Association and Another [2014] 2 All SA 263 (SCA) This judgment sets out in clear terms the royalty rate and formula to be used in determination of a royalty to be paid by radio stations to record companies for the use/play […]