Intellectual Property
Intellectual property is a vital asset and must be fully and properly protected to realise its commercial value. Africa has two regional intellectual property organisations, OAPI headquartered in Cameroon which covers 17 mainly French speaking countries and ARIPO headquartered in Zimbabwe and which covers 19 African countries. Individual African countries also have local intellectual property laws and regulations.
Our specialist lawyers have a deep understanding and experience of the practical, regulatory and commercial issues that surround the protection and enforcement of IP rights. Our services include –
- registration of IP rights both locally, regionally and internationally
- advising on the protection, purchase, transfer and licensing of IP rights including copyright, trademarks and patents
- all IP aspects of commercial transactions including licenses, franchises and IP due diligence investigations
- IP strategic planning and portfolio management
- IP aspects of restraints of trade, ecommerce and IT law
- domain name protection
- anti-counterfeiting advice and actions
- litigation and dispute resolution including to protect and enforce IP rights
Angola: Criminal complaint on counterfeit products on behalf of an American IT multinational.
Ghana: Assisted client with the renewal and subsequent transfer of a trademark. Drafted and assisted with the stamping of the trademark assignment agreement and applied for the registration and issuance of certificate of subsequent proprietor to the transferee.
Kenya: Advising Alliance Pharmaceuticals Limited UK in a trademark opposition matter.
Mozambique: Legal assistance for a national raid in counterfeit matter to a South-African automotive parts company together with customs and authority for the business activities.
South Africa: Represented Honda Company Ltd of Japan and Honda South Africa in copyright disputes with various South African companies in respect of Chinese copies of Honda’s petrol engines.
Tanzania: Worked with regulators on reporting counterfeit products where dawn and other raids were ultimately conducted.
Uganda: We have advised on the drafting of and amendments to the following domestic intellectual property legislation: the Trademarks Act, the Copyright and Neighbouring Rights Act, the Patents Act and the Counterfeit Goods Bill 2007.
Zambia: Advisor to Godrej Consumer Products, a leading emerging markets FMCG entity listed on the Bombay Stock Exchange, on the acquisition of the intellectual property and other assets of the Zambian member of the Darling Hair Group, a dry hair accessories manufacturer with presence in various African jurisdictions.
Comprehensive Specialist Legal Expertise and Experience Across Africa
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LEX Africa’s lawyers have deep expertise and experience in local laws, regulations, practices and customs. Their goal is to deliver customised services that align with each client’s unique needs, ensuring efficient, compliant and successful outcomes. Together they form a strong Pan African legal team and resource for our clients.
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