Legal Articles and Guides
The blueberry industry could be at risk because of an intellectual property dispute, according to the South African berry producers’ association, Berries ZA.
The SCA has interdicted a company from selling two products which purport to be whisky. It also restrained the company from representing the products as being whisky or whisky-flavoured when they were not, and as having an alcohol content of 43% or higher when they did not.
In response to the scramble to find a cure and be the first to own patent rights to a vaccine against the coronavirus, the question arises whether current and future research in the fight against Covid-19 is even patentable.
The High Court has dismissed a case from insurer Discovery against rival Liberty, who it had argued was infringing on its trademarks and competing unlawfully, Liberty said yesterday.
A Durban fashionista caught in an employment battle between two trendy retail giants walked out of court victorious last week, according to a Sunday Tribune report.
Copycat products imported into SA often replicate well-known brands. In such cases, questions arise over whether the owner of the legitimate well-known brand can sue based on SA's counterfeit laws, trademark infringement, a type of unlawful competition known as passing off, or copyright infringement.
Unilever SA has written to an Alexandra township street vendor who posted a video on social media accusing it of stealing his intellectual property, says a Daily Dispatch Weekend Edition report.
About R12bn of SA’s exports could lose preferential access to US markets if a lobby group convinces the Donald Trump administration to withdraw SA’s trade status should the contentious Copyright Amendment Bill be passed into law in its current form, notes a Business Day report.
A Durban businessman is taking on Pick n Pay in the KZN High Court for using his trademark on their braai products. In court papers, Flamco CC owner Rajan Naicker said he had hoped to resolve the matter amicably but the retailer continued to use his trademark, Braaitime, notes a Sunday Times report.
The Coalition for Effective Copyright has petitioned President Cyril Ramaphosa not to sign the Copyright Amendment Bill into law. At a media briefing at Constitutional Hill yesterday, the coalition's spokesperson Collen Dlamini said if the Bill was signed into law it would amount to expropriation of local content without compensation, says a TimesLIVE report.
A legal tussle over the film rights of Afropop star Brenda Fassie has been laid to rest after the company which claimed it had the exclusive rights to make a film of her life lost its court battle.
Film organisations have slammed Parliament for passing the Copyright Amendment Bill. As reported in Legalbrief Today, the National Council of Provinces passed the Bill last week and sent it to President Cyril Ramaphosa to sign into law. A Weekend Argus report notes the Coalition for Effective Copyright in SA objected to the Bill, saying it contradicts the World Intellectual Property Organisation Copyright Treaty which the house adopted.
SA musician Daniel Baron is taking on international dance music superstar David Guetta with claims he plagiarised Baron’s 2016 hit single, Children of The Sun, says a Sunday Times report. Baron, who is signed to Universal Music, claims Guetta’s track, Light Headed, featuring Australian singer Sia and released in September 2018, has a ‘near-identical’ melody to Children of The Sun.
Chicken Licken claims that the name of a vegan restaurant in Durban North, Oh my Soul Café, and its use of the word ‘licken’ in its menu are confusing to customers, and so it is taking the restaurant to court over alleged trademark infringements. Chicken Licken says it needs urgent adjudication, and the dispute is due to be aired before KZN High Court (Durban) Judge Dhaya Pillay this week.
Bata Brands SA has taken on a rival shoe-maker over the soles of its shoes, claiming their aim is to dupe customers into believing they are buying Bata Toughees. A Weekend Witness report says the matter was argued before Judge Trevor Gorven in the KZN High Court (Pietermaritzburg).