Bringing you the latest news and views from across Africa.
The Indian Trade Marks Registry has accepted its first olfactory (smell) mark. It is trade mark application no. 5860303 filed by SUMITOMO RUBBER INDUSTRIES, LTD with the title: “FLORAL FRAGRANCE/ SMELL REMINISCENT OF ROSES AS APPLIED TO TYRES”. What got this application over the line to acceptance – other than the smell of roses as applied to tyres being distinctive – is that it provides a seven-dimensional olfactory graph which plots the rose scent across seven olfactory axes. Pretty neat! Below is the graph for you to see for yourself:
The Court of Appeal of Tanzania has issued a landmark ruling in the case of Lakairo Industries Group Co. Limited & 2 Others vs Kenafrica Industries Limited & 2 others (Civil Appeal No. 593 of 2022) confirming that trade marks registered through the African Regional Intellectual Property Organization (ARIPO) under the Banjul Protocol are not enforceable in Tanzania. Although the United Republic of Tanzania acceded to the Banjul Protocol in 1999, it has never ratified nor incorporated the protocol into its domestic legislation. As a result, ARIPO registrations designating Tanzania have no legal effect within the country.
Influencer marketing is a popular way of getting your product in front of your target audience. Watching a social media influencer’s shopping haul or scrolling past a post gushing over a specific brand, one can’t help but wonder: does this influencer genuinely love this product or is this a paid partnership?
Over and above the general provisions of the ARB Code, there are also specialised sections that govern advertising standards within specific industries (such as alcohol, food, healthcare, and others) each of which imposes additional requirements tailored to the sensitivities and regulatory concerns of that sector.
The Gauteng Division of the High Court recently handed down a significant judgment in Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator & Others (Case No. 2025-072038, 30 June 2025, DJ Smit AJ). While the case primarily concerned interim relief compelling the release of a refining licence, it has attracted wider attention because of an ethical issue in Northbound’s heads of argument: the citation of non-existent cases generated by an AI legal research tool.
South Africa is on the cusp of a significant transformation in its intellectual property (IP) law, with upcoming Patents and Designs Amendment Bills poised to reshape how intellectual property is protected and regulated in the country.
