Nice Classification – 11th Edition

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.

In July 2023, three independent designers filed a lawsuit in California against Shein, the popular online fashion retailer. They allege that Shein sold exact copies of their work which infringes their copyright...

The Gauteng High Court recently heard a case that’ll have serious implications for the vehicle and insurance industries.

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.

According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria.

An issue that comes up often in the life of an IP attorney is this: who owns the rights to materials created by an advertising or design agency for a client?

In today's digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs.

When can genuine, brand name goods still be labelled "counterfeit"? The Supreme Court of Appeal (SCA) has just answered that question in Yossi Barel v Popular Trading CC (handed down 23 June 2025) – and its guidance will matter to every South African company that imports, distributes or enforces branded products...

Section 11D of the South African Income Tax Act (the "Act"), makes provision for a tax incentive scheme, commonly referred to as the Research and Development (R&D) tax incentive.

A South African High Court has ruled on the lawfulness of account freezing by banks based on fraud suspicions and affirmed SARS's authority to issue third-party notices under section 179 of the Tax Administration Act. The case arose after a close corporation fraudulently claimed a VAT refund of R3.28 million, transferred R900,000 to an individual's account, prompting the bank to freeze the account and SARS to pursue recovery through a third-party notice.

The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.

Angola's economy is overwhelmingly driven by its oil sector. Oil production and its supporting activities contribute to approximately 50% of the GDP.

Claims against estate agents for latent defects discovered after the purchase of immovable property are frequently pursued without a full appreciation of the legal requirements that must be satisfied for success.

The Registrar General of Intellectual Property Administration in Sudan has reinstated strict enforcement of the six-month grace period for trademark renewals under Article 19(3) of the Trade Marks Act, 1969. This policy shift ends years of lenient administrative practices that previously allowed late renewals without penalties or even accepted renewals beyond the statutory grace period.

The Ninth Circuit Court of Appeals examined whether a directors' and officers' liability policy's contractual liability exclusion could bar coverage for an entire multi-count lawsuit, or whether each legally distinct cause of action—breach of contract, fraud, and quantum meruit—must be assessed separately against the exclusion's terms. The decision addresses the critical question of how insurers must apply policy exclusions when a single complaint pleads multiple claims arising from the same und

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

A Nigerian Federal High Court has ruled on a high-stakes copyright dispute over the globally acclaimed gospel song "Way Maker," examining whether a music producer's technical contributions to a recording constitute co-authorship. The judgment clarifies the critical distinction between creative authorship and production services in determining copyright ownership. This decision carries significant implications for how the music industry documents and allocates rights between artists and technical contributor

In today's digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs.

South Africa has secured a groundbreaking trade agreement with China, opening new export channels for locally produced cherries and potentially blueberries. With established production infrastructure and a robust plant variety protection system under the 2018 Plant Breeders Rights Act, the country is positioning itself as a strategic global production base for commercial exploitation of new plant varieties, particularly for Northern Hemisphere markets during off-season periods.