Wednesday 13 March 2024
Sunday 30 July 2023
A freedom to operate, sustainably.
Last week I spent time in Botswana for a hearing. It also gave me an opportunity to pilot my first international flight. It’s a wonderful thing when two passions align in a way that is also sustainable, thanks to local innovation.
My daughter taught me about the fun of “Insta Reels” and this one I share with you now. I hope you enjoy it as much as we did capturing it!
Gaborone, the commercial capital, is open for
business. Its skyline illuminates at night with brands of well-known eateries,
banks, fashion houses and other commerce. Any exchange control is light, and the
benefits of foreign direct investment are clear with an apparently, thriving
middle class. Hotels are busy and their rates comparable, if not higher, than
those in Johannesburg 300kms away, suggesting a healthy level of demand and investment.
The courts are stately and proudly bear “minimum standards of service” in
their opening halls. Litigating in Botswana on intellectual property cases is somewhat
familiar because their laws and procedures are largely based on the English
system. That said, it is embryonic when it comes to the number of published decisions
on this area of law and as a result, lean on advocacy and common law from South
Africa. This is why we were present.
Getting there by road from South Africa is
relatively painless except for border control which can lead to unpredictable, if
not significant, delays. It is also not entirely stress free as road safety
issues and hijackings (on the SA side) have been reported and naturally scare those
who must travel between the countries. As a result, the country’s policing
system has a no-tolerance approach which acts in stark contrast to their
otherwise amiable demeanor. Necessary, it would seem, to protect what the country
has nurtured.
Flying commercially is the preferred way of travel
but it’s not inexpensive, and although it is a short hop, it can take as long
as road travel once airport waiting times and clearance delays are considered.
Although it is safer than road travel, it is significantly less sustainable for
such a short trip. This is where a private plane becomes an option as it can be
the most affordable, safe (compared to road travel), and sustainable option, especially
if the plane is made by a company like Sling Aircraft, itself a wonderful
example of South African innovation.
Sling Aircraft are based just south of
Johannesburg and over the last two decades have made private plane ownership
and flight relatively affordable for businesspeople with long commutes or
requirements for local travel to tricky to reach places. A secondhand Sling 2
or 4 seat aircraft, for example, is no less affordable than an executive
vehicle and has significantly less environmental impact. It runs on ordinary unleaded petrol
and uses less fuel than an equivalent road trip. It also does not depreciate as
fast a car and is simply a joy to travel in. It took just 1hr 20mins to travel
the distance between the cities.
Of course, flying in small planes is not for
everyone and although it is convenient, it is vulnerable to vagaries of the weather
so careful planning is required. There is no perfect option when it comes to travel
across our continent, but general aviation or small plane travel, marginalised in recent times, can make a
comeback thanks to local innovators, like Sling Aircraft and others.
Flying oneself is an experience quite unlike any other and this aspect is not represented in a comparison of facts and figures between the different forms of transport. It is a privilege, a challenge, a responsibility, and a freedom, none of which can be measured. I am just grateful that my own journey to learn to fly, which started a few years ago, has culminated in this example of practical integration into my professional career, not only as a commuter option which I have been doing now for some time, but also to connect people, skills and highlight innovation, in a sustainable way.
Sunday 19 March 2023
South Africa's Eastern Cape hots up in latest passing off decision
Background:
Fire Logic
has been in existence since 1994 and has developed a substantial reputation in its
brand for fire protection and maintenance services. The dispute began in 2016
when the Logic Africa applied for a license using the name FIRELOGICS. This
led to an exchange between the parties and Logic Group responded by stating
that they were changing their name, but it never fully did so.
Logic
Africa responded sometime later by taking down its website and opposing the
applicant on the basis that a reputation could not be shown in the name and the
no confusion was likely. It also claimed that the relief was then moot because of
its name change in 2016.
Findings:
In a considered judgment, Acting Judge Bands
found that FIRELOGIC was a fancy name and/or deserving of protection as a
symbol of the goodwill attached to it. Then judge also found sufficient
similarities in the name for there to be a likelihood of confusion, especially
as the two parties operated in the “common field of activity” and in competition with one another.
For attorneys working with the nuances
of application proceedings in South Africa, the judge re-affirmed that bare denials in affidavits
are not sufficient to create disputes of fact under the Plascon-Evans rule. It
is also an example of a situation where an final interdict can be granted even
where the dispute is alleged to be moot.
These findings lead to a decision against
the Logic Africa.
Comment:
The analogy between a fire that does not want to extinguish and the facts of this case that took seven years to conclude (absent an appeal) are useful in illustrating the need for effective trade mark management and protection from the outset. This means that when a fire ignites, to continue the analogy, one must make sure it is dealt with comprehensively at the start. This means a zero-tolerance approach, continued vigilance, the use of undertakings and the need to apply for trade mark registrations (for swifter, less costly and more predictable outcomes, as well as the possibility of damages in the form of a reasonable royalty). In these types of cases, punitive costs may also be a handier deterrent – it should not be possible for seven years of such misuse - something for lawmakers to consider in future.
Friday 11 November 2022
2022 Crammer® Recordings - content for you!
This year’s Crammer®
event hosted by Adams & Adams in late October attracted over 250 attendees
and is the largest legal conference of its type in Africa. It’s an annual event
designed to distill a year’s worth of legal content (largely intellectual property
related) into a single morning through short, sharp presentations. This year’s
keynote speaker was Kimberley Taylor an inspiring, young businessperson who has created Loop, a groundbreaking logistics company, and Stephen Key, a renowned, US-based inventor and author who is passionate about helping others create value out of their innovations through inventRight.
The recordings have been made available and are now shared with you by Afro-IP. Enjoy!
Main Conference Room
Adams & Adams Crammer™ 2022 Case Law
Review - Panel Discussion
Plenary Speakers: Kimberley Taylor and Stephen Key (click on links below for presentations)
Breakaway Room 1
Adams & Adams Crammer™
2022 Funding I.P. and R&D
Breakaway Room 2
Adams & Adams Crammer™ 2022 Robots
Inventing
Breakaway Room 3
Adams & Adams Crammer™ 2022 For the
love of Chicken!
Adams & Adams Crammer™ 2022 Do you know
who owns the copyright to your house?
Wednesday 11 May 2022
The art of sharing: 10 tips for writing blog posts and newsletters
Sharing information on just about anything, particularly an esoteric subject like intellectual property in Africa is so important because it creates awareness, educates, and ultimately stimulates the market and interest in that subject. For the sharer or writer, the exercise is a worthwhile investment; it improves writing skills, understanding, profile, networks, work generation and can be quite cathartic. Yet, the way in which information is shared plays an important role in maximising the return on that investment. Here are 10 tips for improving blog posts and newsletters.
1.
Focus on what’s important, upfront
What
is the main thrust of the article, news report or clip that you want to share? Incorporate
this in the first para to your post or intro, either through a quote from the
article or in your own words.
Example:
TYPO has recently released its findings on the success of the FORGOTTO system.
According to the report “66% of users applying for applications find it time
consuming and frustrating” ….
2.
Summarise the content or what is covered
by the article
The
purpose of your share is to introduce and then give the reader more information
on what the article is about. Your post or content should be able to stand
alone as a summary of what is contained in the article, inviting the reader to
research further by reading the article. In this way, it should function as an executive
summary with an option to link to the article for further reading. Use headings,
subheadings and bullet points to make it simple and concise.
This
section, often a second para, could read: [subheading] The TYPO report
canvasses the entire application process including application, publication,
and registration. It also covers user feedback on pricing and a useful
comparative report against user feedback on the LEKKA system as well as the
following: [bullet points]. In general, FORGOTTO is not as functional or useful
as the LEKKA system, according to the report. You can read more about the
findings here (link).
3.
Add value: ask a question or give an
opinion or add additional information
Everyone
can share but the difference between an aggregator and a thought leader is the
value they then add. It needn’t be profound or lengthy. Often, just a question or
statement on the article is sufficient for the reader to start thinking more deeply
about what he or she is reading.
Example:
One wonders if the FORGOTTO system was electronic and had a dedicated helpline,
the experience of the user would be improved (blog post) or we are assisting FORGOTTO
create a more user-friendly application system by offering them IT support
training and user support (newsletter).
4.
Add value: provide further information, links,
and sources
Your
opinion does not sit in a vacuum and itself can lead to debate, discussion, or
contemplation. Invite the reader to other sources on the topic. Not only does
this give them the impression that you are well read (giving gravitas to your question
or view) but it creates trust and a deeper understanding to the topic.
You
can read more about this development here and here (with links). In this article
(link), the findings of the TYPO report are celebrated, and this article (link)
advocates for a paper-based system for the FORGOTTO initiative.
For
more tips on blog writing click here.
5.
Treat news articles and even those from law
firms, with caution
Try
to quote and share from credible sources. Fact-check articles you link to as
much as possible. Time is often a problem so use common sense, read critically,
and adopt a third-party stance using quotes, if in doubt.
This
article from ADOPT & ADOPT reports that “80% of IP rights holders have enforced
their rights in Africa” and then don’t be afraid to question the statement. This
statistic does seem high given the 2018 ELIO report (link) which gave a low
score to user confidence on the enforceability of IP rights on the continent
(see 3 above).
6.
Link to articles and content in the
correct way
You
can read the full article authored by Munchkin & Munchkin here (link).
7.
Be consistent if quoting different styled
texts
Sometimes
a blog post or newsletter requires linking and commenting on a variety of articles
written in different styles. The important aspect here is to be consistent in
how your report, share and comment on them. The way in which you use dates, currency,
quotes, and the style of comment should be consistent. For a firm newsletter, it
is often quite factual and professional. For a blog post, it may be that you
can have more of a personal touch (indeed, that can add value and create
interest). If you use currency, try to convert it to one which your audience
will understand e.g., dollars, if international.
8.
Plain English please
No latin (court aquo, causa, mero motu, verbatim, dies non, quid pro quo, bona fide, inter alia). No jargon unless the meaning is clear from the context (the matter, confusing similarity, the registrar, class 31, the bench, appellant). No proper nouns unless they are proper nouns or defined (judge, intellectual property rights, applicant, appellant, court). No redundant words or phrases (in order to, in relation to, in respect of, true facts, small in size, consensus of opinion, past history). Avoid Shakespearian words (hereinafter, herein, wherefore etc). Generally, one sentence one thought. No cliches (live to fight another day, can of worms and … my favourite – “be that as it may” comma).
9.
Headings and pictures are important
[licensed on a free to use basis] |
Headings and pictures capture the reader. It is these two features of the content that get replicated on social media, in aggregated content and are most likely to attract interest. Choose them carefully and only after the post is written. Rather delay a post for decent picture than publish it without one but be copyright aware (see 6).
10. Be
authentic
Authenticity
and true sharing will develop trust and readership. Although self-congratulation
is frowned upon, done appropriately it can develop a following and add to
authenticity. Don’t be afraid to congratulate others, even competitors where it
is due. Tag authors whose content you have used and be true to your objective,
which should be a service to the client or community – in this case you!
E.g.,
I sincerely hope these ten tips have been helpful. They are not made up I can assure
you! They are inspired by reader criticism measured in over 1 million pageviews
of over 1000 posts and articles written by yours truly on Afro-IP, IP Finance,
Oxford University Press, World Trademark Review, firm blogs and other publications
- the output of a labour of love over many years. And now shared with you, with
love.
Afro Leo