Do The Recent UK Trade Mark Amendments Apply To South Africa?

Certain amendments to the UK Trade Marks Act 1994 and their Trade Mark Rules 2008 came into effect on 14 January 2019. These changes implement the EU Trade Mark Directive 2015 in the UK. In other words these changes have been made and are now effective, in all EU countries.

These amendments (or any other amendment made), however, do not apply to South Africa – although our Trade Marks Act, when passed into law, was […]

By | March 1st, 2019 ||

Copyright Enforcement Across Africa

Most African countries have their own IP laws, (some of which were inherited from colonial powers) or modified versions of the World Intellectual Property Organization (WIPO) Copyright Treaty. Many of these laws have proved ineffective against the debilitating effects of copyright infringement.

The protection and enforcement of Intellectual Property rights is pivotal to the development of the creative industry. In recognition of this, some African countries have tried to invigorate creative endeavour by reviewing extant […]

By | November 13th, 2018 ||

An Illustrated Guide To The USPTO’s New Memo On Method Of Treatment Claims

The U.S. Patent and Trademark Office (“USPTO”) has renewed the hopes of applicants looking to patent method of treatment claims. A recent memo from the USPTO (the “Memo”) provides guidance on method of treatment claims, suggesting that when correctly drafted, such claims should generally be considered patent eligible subject matter.

The Memo comes in direct response to the Federal Circuit’s decision in Vanda v. West-Ward, issued on April 13, 2018. In Vanda, the Court, inter alia, distinguished certain […]

By | November 10th, 2018 ||