Issuu on Google+

africa u P dat e april 2013 - March 2014 edition

africa netWorK ADAMS & ADAMS OFFICES

africa netWorK A&A’s network of associated offices continues to grow at a steady rate as we identify and nurture the right partners with the requisite skill and synergies. We have representation throughout Africa. Our strategy has been to seek to establish associated offices in the countries which we have identified as key to the development of IP in Africa. We have recently established an associated office in Kenya and are close to finalising similar arrangements in Nigeria and Ghana.

africa aGent MeetinG

africa iP network delegates

2nd annual adaMs & adaMs africa netWorK MeetinG: On 12 September 2013, Adams & Adams hosted its 2nd annual Africa IP Network seminar, the biggest of its kind on the African continent, for its preferred partners from across Africa. The meeting brought together 61 top IP practitioners and administrators (including Registrars and Director-Generals) from various parts of the continent. The event continues to grow in stature and this year saw an increase in the number

of attendees and a varied offering which included an informative presentation by Nicky Wiemar, Senior Economist, Nedbank Group, on economic progress in Africa and the consequent role played by IP practitioners in harnessing that development. The presentation highlighted the alignment of the Adams & Adams’ Africa strategy, to continue, through its network of partners across Africa, to be the law firm of choice in providing services of the highest level in an industry that is essential for economic growth.


adMinistratiVe council MeetinG: Adams & Adams were again invited to attend, in an observer capacity, the 37th Session of ARIPO Administrative Council Meeting held in Kampala, Uganda from 25 – 26 November 2013. Uganda was unanimously elected as the Chair of the Administrative Council until 2015 with Sudan elected to the position of 1st Vice Chair and Namibia 2nd Vice Chair.

aMendMents to tHe BanJul Protocol on trade MarKs:

nthabi Phaswana with fernando dos santos, director General of ariPo

aMendMents to tHe Harare Protocol on Patents and industrial desiGns

Approved amendments included: • all ARIPO trademark applications will recognise the latest edition of the Nice Classification • the time limit for conducting substantive examination by designated states reduced from 12 months to 9 months.

ariPo Patent filinGs increased By 13%:

Approved amendments included: • provisions regarding unity of inventions, the filing of divisional applications, electronic filing of amendments and filing of applications • clarification regarding the definition of novelty, industrial applicability and inventiveness • on annuities, deletion of Rule 21(3) to remove the obligation of ARIPO to remind applicant or the owner of the patent to renew the patent or patent application at least one month prior to the date in which an annual maintenance fee shall fall due.  

MeKiaGe uPdate: Our efforts to have Maître Mekiage face trial   culminated in July 2013 when the joint criminal/ civil case was heard in the High Court in Yaoundé. Maître Mekiage was found guilty by the Court and ordered to pay damages.

yaoundé at night

     

nicky Garnett and dario tanziani with the legal team & state Prosecutor

 

With representatives from oaPi

coMoros Joins oaPi:

oaPi Patent filinGs:

On 25 March 2013, The Union of Comoros deposited its instrument of accession to the Bangui Agreement and became the 17th member country of OAPI with effect from 25 May 2013. The Comoros has therefore agreed to renounce any of its enacted intellectual property legislation, which may have been in place before its accession to the Agreement. Essentially, trade mark, patent and copyright protection in the Comoros is now governed by the Agreement.

 

online PuBlication of official Journal: At the beginning of 2014 OAPI announced that it would commence publishing the official Journal online due to the huge costs associated with the manual publication and distribution. The first edition of the electronic copy of the OAPI official journal (BOPI) was Journal no. 01MQ/2013 published on the 10 December 2013. For more information: www.oapi.int new oaPi Headquarters Building

 


accession to WiPo coPyriGHt treaty: Algeria acceded to the WIPO Copyright Treaty (WCT), with effect from 31 January 2014. The WCT supplements the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and the International Convention for the Protection

custoMs traininG: A&A representatives from the Anti-Counterfeiting Department travelled to Luanda in September 2013 to conduct a customs training workshop at the behest of the Angolan Economic Police. The focus of the training was on anti-counterfeiting in South Africa and product identification training. The workshop was attended

of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention). The WCT was adopted in order to address changes in digital technology and communications, specifically the distribution of digitally protected works over the Internet.

by representatives from Interpol and Angolan government institutions such as Customs and the Ministry of Trade & Industry. The workshop was well attended with more than 55 delegates present and was a great success. More training workshops have been planned for 2014.

algeria

angola

With representatives from the a&a Pretoria & angola offices with the Head of the anticounterfeiting department (economic Police), Mr P. ribeiro, and the Head of iP crimes (economic Police), Mr J. sulissa]

lucy signorelli with delegates

ProPosed neW industrial ProPerty act: During 2013 the Director General of the Angolan Industrial Property Institute (IAPI), Dr Barros Licença, announced IAPI’s intention to have its new IP laws approved, coupled with the construction of a new headquarters, in 2014. Lack of public investment has hampered these developments within IAPI.

ratification of tHe BeiJinG treaty: On 20 November 2013, Botswana ratified the Beijing Treaty on Audiovisual Performances. It is only the second country in Africa to do so. The treaty is not yet in force and will only come into effect once 30 countries have ratified it. The aim of the treaty is to

Dr Licença advised that there had been an increased demand for IAPI services with a total of 3 865 new cases having been filed with IAPI in 2012/2013, representing an increase of 35% from previous years. Plans are being implemented to continue this positive trend in the development of IP in Angola.

provide legal protection to performers in audiovisual works, such as actors in motion pictures. In particular, it requires countries that join the treaty to provide to performers in audiovisual works exclusive moral and economic rights over their performances.

counterfeit Goods raids: In September 2013, Adams & Adams arranged and conducted a workshop for Interpol as well as Customs and Police officials from Namibia, Botswana and Zambia. After the workshop, raids were conducted at Rail Park Mall and BBS Mall in Gaborone. The officials seized approximately 50 000 counterfeit items during this operation. 10 Suspects were arrested and each suspect paid an admission of guilt fine.A further operation of this nature was conducted in December 2013 in which 1500 counterfeit items were seized.

seized counterfeit goods, Gaborone

Visit to tHe reGistry: At the end of October 2013, A&A representatives travelled to Botswana to visit our local partner office and the Registry. The main purpose of the visit was to meet Registry officials to discuss long outstanding matters in Botswana. The visit was productive and discussions were held with the Deputy Registrar, Mr Tim Moalusi. Progress was made on some files but there are a lot of outstanding matters and regular visits will have to be planned over the next few months to deal with all outstanding matters. iP registry office, Gaborone

Botswana


Burundi

tradeMarK reneWals: The Burundi IP Office has adopted the approach that all trade marks that were registered (not filed or pending) before the coming into force of the Act on 28 July 2009 are treated as perpetual registrations, with no renewal necessary. Although we are concerned by this approach, the Directive appears to be based on a reading of Article 476 of the Act which reads “In the event

comoros

that this Law broadens the scope of the rights or creates new rights, including the extension of periods of protection, entries in force shall benefit from such broadening or creation. In the event that this Law reduces the scope of rights or abolishes rights, entries in force shall not be affected and shall continue to have legal effect with the exception of provisions relating to respect for intellectual property rights, which shall apply in accordance with Article 475.”

oaPi MeMBersHiP: The Comoros is now a member of OAPI having acceded to the Bangui Agreement as of 25 May 2013.

drc

a&a Visit: On 21 July 2013 representatives from A&A travelled to the DRC to meet with our partners, Registry officials and government officials from the Ministry of Trade & Industry. The trip was in line with A&A’s strategy to visit various partners and associated offices across Africa and to also address some challenges being experienced with the Registry in resolving long pending matters. The meetings were

simon Brown and stephen Hollis with our local partner and the secretary General, Mr K. M’fumu, & the director of the iP office, Mr s. Mutshima

a success as undertakings were obtained from the relevant officials to address the backlog. Since our visit, numerous certificates have been issued by the Registry. The Director-General and the Director of the IP Office subsequently attended our 2nd annual Agents’ Network Seminar which was held in Pretoria, South Africa during September 2013.

With the Minister of trade & industry, Mr r. Bhamhale

increase in official fees: With effect from 25 November 2013, official fees in the DRC were increased by 50% across the board.

egypt

trade Marks registry, egypt

a&a Visit: Adams & Adams also travelled to Egypt in December 2013

to visit our local partners and the Egyptian IP Office. The purpose of the visit was to strengthen our ties within our existing North African Network and to ascertain, firsthand, the environment under which the Registry and our partners are operating. The visit was a great success and the gesture was well received by the Registrar and her staff. The Registry, which comprises 44 employees with 20 trade marks examiners, continues to operate despite the trying circumstances and trade mark applications filed range between 1200 and 1300 per month. The Patents Registry is also fully operational and we have seen an increased interest in patent filings in this important jurisdiction over the past few years. Menzi Maboyi with Ms Mona ahmed zaki, registrar and representatives from our partner firm


non eXtendaBle deadline set: On 24 december 2012, a first-ever Trade Marks Act (Proclamation No. 501/2006) entered into force in Ethiopia. The new Act replaced the former system of the publication of cautionary notices by trade mark proprietors and registered trade mark rights in Ethiopia are now statutory rights with resultant (statutory) remedies available to trade mark owners to combat the (possible) infringement of their trade mark rights in Ethiopia. The Act was approved by the Ethiopian government on 07 July 2006. Despite the delay in the publication of the enabling regulations (which only took place on 24 December 2012), the Ethiopian Intellectual Property Office (EIPO) started to implement the new trade mark examination, publication and registration procedures for all marks filed after 07 July 2006. In 2013, EIPO issued a Directive in order to stipulate how trade mark owners, who filed and registered marks in Ethiopia before the new Act entered into force, can ensure that their (priority) rights are recognized under the New Act.

As all trade marks filed before 07 July 2006 were never examined in terms of the provisions of the New Act, the Directive stipulates that owners of such trade marks shall apply for the re-registration of their marks. Their priority rights will be recognized upon examination (for conflict situations), but new effective dates are expected to be recorded against such registrations (which is expected to the dates of filing of the applications for re-registration). All trade marks filed and examined in terms of the new Act after 07 July 2006 will require amendment as EIPO issued certificates for such marks with incorrect 6-year validity terms (the new Act clearly stipulates that the validity term should be 7 years). Costs and procedures differ for the two processes concerned and the non-extendable deadline by which applications for re-registration or amendment need to be brought is 24 June 2014, failing which the subject marks will lapse irrevocably. A&A representatives have scheduled periodic follow up trips during the course of 2014 to visit the Ethiopian Registry and obtain further clarity on these developments.

deVeloPMents in iP: • In 2013, the Gambian government expressed serious interest in joining the Madrid Protocol. In May 2013 a stake holder workshop was held to discuss this, but no final decision has been made yet. • The Registry is converting its processes to digital format and has an ambitious plan to transfer all data to electronic form within 2014. • Gambia appears to be eager to educate their officials on Intellectual Property matters as it recently sent 4 officials to attend an IPR course in Ghana and a training workshop for copyright stakeholders was held in Gambia in January.

neW trade MarK laW ProPosed: The Trademark (Amendment) Bill, 2013, is currently before Parliament. The aim of the new law is to counter the rising unlawful use of trademarks of Ghanaian innovations and products and to prevent unfair business competition for Ghanaian goods. Under the Trademarks Act 2004 Act 664, trademarks were registered without recourse

ethiopia

to the goods and services to which they were applicable. The bill under consideration, however, makes it obligatory on any person registering a trade mark to attach to the application, a reproduction of the trademark and a list of goods and services which the registration of the trademark is required. the arc of independence square

Gambia

Ghana

WiPo PerforMances & PHonoGraMs treaty: The WIPO Performances and Phonograms Treaty validly came into force in Ghana in 2013. Ghana signed this Treaty on 23 May 1997 but it came into force on 16 February 2013.

neW dataBase of issued Patents launcHed: On 22 January 2014, the Centre for Intellectual Property and Information Technology (CIPIT) at the Strathmore Law School in Nairobi, announced the launch of a new database of issued patents in Kenya. The database is the first of its kind in East Africa and currently contains searchable full text for about one third of all Kenyan issued patents, as well as downloadable PDFs for each patent. CIPIT is working to obtain additional patents (from Kenya and beyond) for the database.

anti-counterfeit traininG: In April 2013, Adams & Adams arranged and conducted a workshop for the Anti-Counterfeit Agency (ACA) and the Kenyan Copyright Commission. Thereafter, a search and seizure operation was conducted at a large manufacturing plant in Mombasa, where over 700 pairs of counterfeit footwear, together with footwear moulds, were seized and destroyed.

Part of the machinery producing counterfeit footwear

anti-counterfeiting workshop

Kenya


lesotho

lesotHo Joins tWo conVentions: Lesotho joined the International Plant Protection Convention in 2013. The Convention came into force with effect from 24 October 2013.

liberia

Lesotho also joined the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The convention was ratified on 17 July 2013 and came into force with effect from 17 October 2013.

ProPosed neW laW estaBlisHinG tHe liBeria national standard autHority: Legislators have submitted a bill calling for the establishment of the Liberia National Standard Authority (LNSA). The purpose of the LNSA will be to ensure that goods or services being rendered in Liberia are of a high standard.

libya

deVeloPMents at tHe liByan trade MarKs office: Following years of civil unrest the Libyan Trade Marks Office is operational. By May 2013 the office had already commenced accepting searches, new applications and recordal requests. The office soon thereafter started accepting renewal applications for

Madagascar

If the LNSA is established, it would be important for clients who trade in Liberia to familiarise themselves with its standards to ensure compliance.

trade marks that expired during its closure as well as those that are due for renewal in 2014. It was also communicated that all deadlines or priority dates which fell due during this period would be taken into consideration. The duration of this ‘grace period’ has not been confirmed, however, the situation is being monitored closely.

official fees increase: The Madagascan Office in charge of Industrial Property (OMAPI) has, with effect from 1 July 2013, increased its tariffs by between 80% and 100% in respect of all IP matters.

Mauritius

Mauritius to set uP a national Plant Varieties and seeds office: Mauritius is in the process of setting up a National Plant Varieties and Seeds Office that will regulate the cultivation, production, trade, export and import of seeds. It will also provide for the registration of varieties and seeds for testing, inspection and certification. To compliment the agricultural activity introduction of this Office the Mauritian Agriculture Ministry has also embarked on a project to strengthen and modernise the agricultural and agribusiness sectors with the overall aim of further securing food supply, stability and safety. sugarcane

Morocco

Morocco Joins conVention: Morocco joined the Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005 on 4 September 2013 and the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict with effect from 5 March 2014.

neW iP laW: Morocco has a new IP Act (law no. 23.13) that will in all likelihood be enacted later this year. The new law will make provision for the following changes: • It will allow for the filing of divisional patent applications. • It will provide for substantive examination of patents and trade marks at the time of filing. • It will implement rules for opposition procedures.

• It will provide for the patentability of microorganism and computer programs under some conditions. • It will implement online filing for designs. • There are changes in the novelty requirement for designs. • The term of protection for designs will increase to 25 years from the current term of 15 years. • It will require mandatory insurance for IP Counsels to cover civil and professional responsibility.


accession to Berne conVention: Mozambique joined the Berne Convention for the Protection of Literary and Artistic Works in 2013. Accession occurred on 22 August 2013 and the Convention came into force in this country on 22 November 2013.

Mozambique

neW coMPetition laW: The new Mozambique Competition Law came into force on 10 July 2013 and applies to most economic activities in Mozambique. It established The Competition Regulatory Authority (Autoridade Reguladora da Concorrência) (“the CRA”) which will serve to enforce the Competition Law. The Competition Law addresses merger control and anti-competitive practices. Firms that do business in Mozambique are advised to consider the provisions of the Competition Law and ensure that their agreements and operations in Mozambique comply with this law.

a&a Visit: Towards the end of August 2013, A&A representatives visited our Mozambique office, which was established 5 years ago, following its relocation to new premises. A visit to the IP Office to meet

the new Director General, Mr José Meque, was also scheduled. A&A continues to be an important user of the Mozambican IP system and the development of IP in Mozambique continues to grow at a steady rate.

Gérard du Plessis & simon Brown with our local partner and the director General, Mr J. Meque, and other senior staff

at the a&a Mozambique offices

custoMs traininG and anti-counterfeitinG oPeration:

seized goods, Windhoek

In June 2013, Adams & Adams arranged and conducted a workshop for Interpol, Customs and Police in Namibia. After the workshop, raids were conducted at China Town in Windhoek, Oshikango and Oshikati. During the operation, the Police seized over 100 000 counterfeit items. The Police also confiscated 3 million Namibian dollars in cash from one suspect.

PassinG off decision: The importance of obtaining registered trade mark and other rights in Africa was recently demonstrated in the High Court of Namibia case of Mega Power Centre CC t/a Talisman Plant and Tool Hire v Talisman Franchise Operations (Pty) Ltd in which a Namibian company, which had been hiring large, ‘operatorintensive’ tools and equipment to the Namibian building industry under the name Talisman Tool Hire for a number of years, sued a South African company for passing off when it discovered that the South African company intended to start a business hiring smaller, ‘non- operator-intensive’ tools under the

a&a Visit: At the beginning of August 2013, A&A representatives visited the Namibian Registry as part of a team from South Africa assisting the Registry with the training of its staff and assisting with reviewing long outstanding matters. The A&A representatives assisted on all matters ranging from the reorganisation of the filing system employed by the Registry staff to suggestions on resolving the backlog. The visit was well received by the Registry staff and requests were received for a follow up visit to be conducted in 2014.

name Talisman Hire. It was held that there was no passing off on the ground that the Applicant failed to show a likelihood of damage and that there was a distinct difference between what the Applicant and second respondent made available for hire and, as such, the loss of custom was unlikely. The decision is somewhat questionable, given the strength of the name Talisman and the closeness of the parties’ business areas. It is possible that the applicant would have succeeded had it registered its TALISMAN mark and if it had instituted proceedings on the basis of trade mark infringement instead.

registry offices

Brett oldridge with collins Marenga, tM examiner

namibia


nigeria

industrial ProPerty autoMated systeM (iPas): On 28 January 2014 the Federal Ministry of Industry, Trade and Investment, in collaboration with WIPO, launched the Industrial Property Automated System (IPAS). IPAS is an integrated IP administration system that can automate the processing of trademarks, patents and industrial designs. It is a ma jor milestone in the effort to transform the Nigerian industrial landscape. Ultimately, the IPAS database would be merged with the existing database for electronic filed matters.

rwanda

industrial ProPerty acadeMy: The Federal Ministry of Industry, Trade and Investment has also started with the establishment of the Industrial Property Academy in Nigeria. The Ministry has received assistance and undertakings from the World Intellectual Property Organisation (WIPO), the United States Patent and Trademark Office (USPTO), the Chinese and Brazilian Governments in this regard. The Industrial Property Academy will be launched before the end of the first quarter of 2014 and will assist in creating the necessary awareness and knowledge required for the public to benefit and harness fully the potentials of industrial property in Nigeria.

rWanda Joins Madrid Protocol: Rwanda joined the Madrid Protocol during the course of August 2013. It is, however, to be noted that Rwanda, as with many African countries acceding to Madrid, has not yet adopted national legislation recognising their obligations in terms of International Laws. Accordingly, there are no guidelines as to how the Rwandan Trade Mark Office will prosecute International Applications designating Rwanda. It is, therefore, recommended that trade mark proprietors continue to register their trade marks at a national level in Rwanda.

south africa

iP registry offices, abuja

tecHnoloGy & innoVation suPPort centre oPened: The Minister of Trade and Industry in partnership with the World Intellectual Property Organization (WIPO) opened a Technology and Innovation Support Centre (TISC) to assist Rwandans with technical know-how and access to knowledge including a worldwide IP rights database. One of the aims of the TISC is to assist innovators with the management and protection of their intellectual property rights. In this regard, Rwandans will have free access to digital worldwide patent documents including documents from the Japanese, US and European patent offices which currently gather information on more than 100 million patents.

intellectual ProPerty laWs aMendMent act siGned into laW:

The four statutes amended are:

The President of South Africa has signed into law the Intellectual Property Laws Amendment Act, 2013. This Act will make provision for the protection of Indigenous Knowledge (‘IK’).

• • • •

The Minister of Trade and Industry, Dr Rob Davies, said that the ‘Act is providing a legal framework for protection of the rights of IK holders and empowers communities to commercialise and trade on IKs to benefit the national economy’.

The Act provides for a national framework to be established for administering the system, including a National Council; a National Database in which will be recorded information regarding the different manifestations of IK; National Registries for the registration of rights in respect of IK; and a National Trust to receive income derived from the commercial use of IK, e.g. in the form of royalties, to be applied for the benefit of indigenous communities.

The legal framework for the protection of IK is provided by introducing amendments into four IP statutes in order to integrate protection provisions in respect of different types of IK into the applicable statutes.

nelson Mandela Bridge, Johannesburg

the the the the

Performers’ Protection Act no 11 of 1967 Copyright Act no 98 of 1978 Trade Marks Act no 194 of 1993 Designs Act no 195 of 1993.


interestinG litiGation: The South African Courts continue to be a fruitful ground where various contentious matters are heard. It is arguable that the Courts have recently adopted a very strict approach to trade mark law in an effort to curb the monopoly rights granted by registration of a trade mark. It is therefore refreshing to have trite trade mark principles affirmed by the Court in the recent case of Orange Brand Services v Account Works Software (970/12) [2013] ZASCA 158, before the Supreme Court of Appeal. The Court held, inter alia, that in opposition proceedings what falls to be decided is not how the parties use or intend to use their marks, but how they might notionally be used. In other words, the question is not what the applicant says it intends doing, but what it will be permitted to do if its application is granted in respect of all the goods covered by its application. This seems to be trite trade mark law but surprisingly this matter needed to go all the way to the Supreme Court of Appeal for the correct decision to be made. In a different case between Mettenheimer v Zonquadsrfit Vineyards CC, the same Supreme

Court of Appeal was asked to consider the similarity of goods so as to determine whether use of the name Zonquadsrfit Vineyards CC infringed the ZONQUASDRIFT trade mark for wine in class 33. Although the Courts held that the respective name and trade mark were virtually identical, it was not convinced that the wine grapes produced by Zonquadsrfit Vineyards CC were sufficiently similar to the wine covered by the ZONQUASDRIFT trade mark registration so as to cause confusion or deception. The Court in this matter reminded practitioners and trade mark proprietors that simply because goods are associated with one another does not mean that they may be regarded as similar for the purposes of trade mark infringement.

south africa

innovation Hub, Pretoria

filinG of trade MarK aPPlications?: Although some uncertainty remains regarding the filing of trade mark applications in South Sudan, it appears that the Registry in Juba is once again taking applications on file. A power of attorney, certificate of incorporation for the applicant company and certificate of registration for the trade mark in another jurisdiction is required to support an application.

draft trade MarKs Bill 2013: There is a draft Trade Marks Bill 2013 that has been tabled before Parliament. Proposals for its amendment have been submitted to the South Sudan parliament after the second reading of the same. Unfortunately, there has been no further progress regarding the submission of the proposals for amendment.

south sudan

Also to note is that there has been no development in respect of the establishment of laws on copyright, designs and patents. Furthermore, South Sudan is not a signatory to any International treaty/convention in respect of Intellectual Property.

tanzania

a&a Visit:

(tanganyika)

In July 2013, A&A representatives travelled to Dar Es Salaam to visit our associated office and to meet with senior officials from the Ministry of Trade & Industry and the IP Office. The purpose of the visit was to engage with the Ministry on the challenges being experienced with the Registry. Undertakings were obtained from the Ministry officials to assist with the appointment of additional staff to the Registry and to expedite the adoption of more efficient systems including full computerisation of records.

GĂŠrard du Plessis and simon Brown with members from our associated local office and the Permanent secretary of the Ministry of trade, Ms eline sikazwe and other senior staff members

dar es salaam downtown


tunisia

accession to tHe Madrid Protocol: Tunisia became a party to the Madrid Protocol on 16 October 2013. It is, however, to be noted that Tunisia, as with many African countries acceding to Madrid, has not yet adopted national legislation recognising their obligations in terms of International Laws.

uganda

Accordingly, there are no guidelines as to how the Tunisian Trade Mark Office will prosecute International Applications designating Tunisia. It is, therefore, recommended that trade mark proprietors continue to register their trade marks at a national level in Tunisia.

industrial ProPerty Bill siGned into laW: On 6 January

anti-counterfeitinG – successful ciVil reMedies: In July last year, the Uganda Revenue Authority

2014 the president of Uganda, Yoweri Museveni, passed the Industrial Property Bill into law. This Act is a ma jor advance in the current protection of Industrial Property in Uganda, specifically in the field of Design law, as Designs were previously governed by the United Kingdom Designs (Protection) Act of 1937. The new Act also repeals and replaces previous Patent legislation. There are certain exceptions to items that qualify for patent protection, including pharmaceutical products which will not be subject to Patent protection under the new Act until at least 1 January 2016.

detained a forty foot container of printer cartridges bearing our client’s trade marks on suspicion that they were counterfeit. All the goods in question were unpacked, analysed by the experts and confirmed to be counterfeit. An urgent civil application was launched in the High Court of Uganda (Jinja) against the importer. Certificate of urgency was obtained and the court granted the temporary injunction in our client’s favour. The trial lasted for two days. Judgment was delivered on 10th January 2014 for, permanent injunction, delivery-up of the infringing goods for destruction (destruction process to be supervised and witnessed by the Uganda Revenue Authority and Uganda National Bureau of Standards officials), payment of damages and costs of suit in our clients favour. The importer recently filed its notice of appeal.

nthabi Phaswana with our local partner in Kampala

With Menzi Maboyi and our local partner in Kampala

a&a Visit: Adams & Adams representatives attended, in an observer capacity, the 37th Session of the ARIPO Administrative Council Meeting held in Kampala, Uganda at the invitation of ARIPO. Whilst in Uganda we also visited our local partners in Kampala as we continue to establish our presence in East Africa.

zambia

Presentation on anti counterfeitinG Measures: The Anti Counterfeiting Department within A&A, through the Law Association of Zambia (LAZ), was invited to present a paper on anti counterfeiting measures in southern Africa at their two day Annual General Meeting and Conference held on 2nd and 3rd May 2013 at the Zambezi Sun International in Livingstone. The conference was attended by more than 250 delegates.

rose farm, lusaka


ariPo countries

nortH atlantic ocean

Mediterranean sea

tunisia

oaPi countries

Morocco

libya

algeria

egypt

tradeMarKs

MeMBersHiP of reGional intellectual ProPerty orGanisations in africa

cape Verde red sea

Mauritania Mali

niger

senegal

Guinea-Bissau

eritrea

chad

the Gambia

sudan

Gulf of aden

Burkina faso

Guinea

sierra leone

djibouti nigeria

ivory Ghana coast

liberia

central african republic

ethiopia

south sudan

cameroon

Benin togo

uganda

equatorial Guinea

rep. of the congo

Gabon

dem. rep. of the congo

sâo tomé & Principe

somalia Kenya

rwanda

seychelles

Burundi

indian ocean

tanzania

zanzibar comoros

soutH atlantic ocean angola

zambia

Malawi

zimbabwe

namibia

Madagascar Botswana

Mozambique

Mauritius

swaziland lesotho

south africa

nortH atlantic ocean

Mediterranean sea ariPo countries

tunisia Morocco

oaPi countries

libya

algeria

egypt

cape Verde red sea

Mauritania Mali

niger

senegal

Guinea-Bissau

liberia

sudan

Gulf of aden

Burkina faso

Guinea

sierra leone

eritrea

chad

the Gambia

ivory Ghana coast

djibouti somalia

nigeria

Benin togo

central african republic cameroon

uganda

equatorial Guinea Gabon sâo tomé & Principe

ethiopia

south sudan

rep. of the congo

Kenya

rwanda

dem. rep. of the congo

seychelles

Burundi

soutH atlantic ocean

tanzania

indian ocean zanzibar comoros

angola

Please note: OAPI has 17 member states all of whom have no national Intellectual Property laws (see map above). IP matters in all 17 states are governed by the Bangui Agreement which provides for trademark, patent and design protection.

zambia

Malawi

zimbabwe

namibia

Madagascar Botswana

Mozambique swaziland

south africa

lesotho indian ocean

Mauritius

Patents

indian ocean


Pretoria Office

DURBAN Office

Postal AddresS PO Box 1014, Pretoria, 0001, South Africa Street Address (Courier only) Lynnwood Bridge, 4 Daventry Street Lynnwood Manor, Pretoria, South Africa DOCEX 81 Pretoria

Postal AddresS PO Box 237, Umhlanga Rocks, 4320 South Africa Street Address (Courier only) Suite 2, Level 3, 21 Richefond Circle, Ridgeside Office Park, Umhlanga Ridge, Durban, South Africa DOCEX 9 Durban

PHONE +27 (0) 12 432 6000 FAX +27 (0) 12 432 6599 EMAIL mail@adamsadams.com

PHONE +27 (0) 31 536 8240 FAX +27 (0) 31 536 8254 EMAIL dbn@adamsadams.com

JOHANNESBURG Office Postal AddresS PO Box 10155, Johannesburg, 2000, South Africa Street Address (Courier only) 2nd Floor 34 Fredman Drive (Cnr 5th Street) Sandton DOCEX 53 Johannesburg PHONE FAX EMAIL

+27 (0) 11 895 1000 +27 (0) 11 784 2888 (CPL) +27 (0) 11 784 2872 (Patents) +27 (0) 11 784 2889 (Trade Marks) jhb@adamsadams.com

CAPE TOWN Office Postal AddresS PO Box 1513, Cape Town, 8000, South Africa Street Address (Courier only) 28th Floor, 1 Thibault Square cnr Long St & Hans Strijdom Ave Cape Town DOCEX 186 Cape Town

Angola angola@adamsadams.com ARIPO aripo@adamsadams.com BOTSWANA botswana@adamsadams.com Burundi burundi@adamsadams.com KENYA kenya@adamsadams.com LESOTHO lesotho@adamsadams.com Mozambique (ARIPO) mozambique@adamsadams.com NAMIBIA namibia@adamsadams.com OAPI (CAMEROON) oapi@adamsadams.com sWAZILAND swaziland@adamsadams.com Tanzania (incl. zanzibar) tanzania@adamsadams.com

PHONE +27 (0) 21 418 8560 FAX +27 (0) 21 419 5729 EMAIL cpt@adamsadams.com

www.adamsadams.com

Patent, Trade Mark, Commercial, Property & Litigation Attorneys


AFRICA UPDATE NEWS