IP Crammer Presentation 2015
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Transcript of IP Crammer Presentation 2015
MASLOW CONFERENCE CENTRE | SANDTON
WELCOME TO THE ADAMS & ADAMS IP CRAMMER 2015
WELCOME
GÉRARD DU PLESSIS | CHAIRMAN ADAMS & ADAMS
TRADE MARK CASE UPDATE 2015
KELLY THOMPSON | PARTNER | TRADE MARKS
05/01/20234
Société Des Produits Nestlé SA and Another v International Foodstuffs Co and Others (100/2014) [2014] ZASCA 187; [2015] 1 All SA 492 (SCA) (27 November 2014)
NESTLÉ’S TRADE MARK REGISTRATIONS:
Trade mark registration no. 1999/23579 4 WAFER FINGER shape in class 30
Trade mark registration no. 1999/23580 2 WAFER FINGER shape in class 30
Both registrations were endorsed as follows:
“The mark consists of the distinctive shape or appearance of the goods”
05/01/20236
IFFCO’S TIFFANY BREAK:
05/01/20237
IFFCO’S TIFFANY BREAK:
05/01/20238
SCA DECISION:
Validity of the trade mark registrations
extensive use of the shape over the last 50 years market surveys showed that a significant number of consumers
associated the shape with chocolate or confectionary as well as with Nestlé and the KIT KAT brand
a number of features of Nestlé’s FINGER WAFER shape trade marks which are distinctive and not attributable only to a technical result
05/01/20239
SCA DECISION cont.:
Infringement shapes of the chocolate bars are identical and are used in respect of the
same goods, namely chocolate bars.
Held that IFFCO was using the FINGER WAFER shapes themselves, or on the packaging of the BREAK chocolate bar, as a badge of origin and not simply in a descriptive manner.
IFFCO made much of the fact that there was no evidence to show any actual instances of confusion of the 9 years that the products had been sold side-by-side, but the Court did not give much weight to this.
05/01/202310
SCA DECISION cont.:
The fact that it is common in the confectionary industry to depict the actual product on the packaging does not per se mean that such use constitutes descriptive use.
In the end, the Court found that use of the shape as depicted on the packaging and its three dimensional form would be perceived as a source identifier (a badge of origin) of the goods emanating from Nestlé. The Court accordingly found infringement in terms of Section 34(1)(a).
05/01/202311
SCA DECISION cont.:
Regarding dilution, the Court agreed with Nestlé’s submission that as sales of IFFCO’s chocolate bars increase, consumers will associate Nestlé’s registered FINGER WAFER shape with the product of IFFCO, or as the shape of a chocolate bar sold by a number of proprietors in SA
The loss of the unique shape of the KIT KAT bar as a distinctive attribute will inevitably result in a loss of advertising or selling power to Nestlé. This would result in ‘blurring’ of Nestlé’s FINGER WAFER shape trade mark
Economic harm “self-evident” on the facts
05/01/202312
2. Cochrane Steel Products (Pty) Limited v M-Systems Group (Pty) Limited and another (39605/2013) GJ 29 October 2014
Google Adwords What are AdWords (and other search keywords)?
Bidding on ClearVu resulted in display of M-Systems advert
Cochrane did not have a registration for CLEAR VU! Key issue: is this unlawful competition?
Leaning on: not part of our law and cannot be used to evade passing off requirements
Passing off: internet consumers are used to sorting through adverts – will not be confused
Decision largely consistent with foreign cases
Will be heard by SCA next year!
05/01/202313
AdWords example:
05/01/202314
Search term
Adword result for Outsurance
Adword Result for Hippo Insurance
Natural search results
3. Chantelle v Designer Group (Pty) Ltd
(A743/2013) [2015] ZAGPPHC 222 (24 April 2015)
Ladies undergarments and cosmetics are similar goods
Issues of similarity of marks and similarity of goods cannot be seen in isolation: the lesser the similarity between the respective goods, the greater the degree of similarity required between the marks, in order for there to be a likelihood of confusion or deception, and vice versa.
05/01/202315
SOUTH AFRICA cont.:
Identical mark CHANTELLE – Court interpreted the famous UK British Sugar test for similarity of goods, very liberally
In contrast to the 2014 Supreme Court of Appeal case of Mettenheimer v Zonquasdrif Vineyards (use of nearly identical marks in relation to wine and wine grapes, would not be likely to lead to deception or confusion)
05/01/202316
4. Yuppiechef Holdings (Pty) Ltd v Yuppie Stuff Online CC (12662/2014), ZAWHC
05/01/202317
court considered the nature of the Applicant’s and Respondent’s target market
confirmed the existing position that the names of both websites must be considered as wholes, and compared with reference to sense, sound and appearance, and that confusion on any of these bases would lead to infringement.
Court (surprisingly) restricted its comparison to the actual form of the logo used by Yuppie Chef and the Respondent and compared contents of respective websites
Initial confusion ignored YUPPIECHEF descriptive? Beware cleverly suggestive marks!
1. South Africa2. OAPI (regional system)3. Nigeria4. Kenya5. Angola6. Mauritius7. Tanzania8. Zambia
AFRICA MOST ACTIVE COUNTRIES 2014/2015
NIGERIA:
MR PRICE GROUP LIMITED V MR PRICE WEST AFRICA LIMITED (April 2015) Section 30(1)(d) of the Corporate Allied
Matters Act enforced Landmark case Questions: 1. Is the CAC is the only authority that can determine
whether a company name conflicts with section 30(1)(d) of CAMA?
2. Does the CAC have the power in terms of Section 31(4) of CAMA to direct a company (that had been erroneously incorporated) to change its name or have that name deleted from the Register?
05/01/202319
KENYA:
Weetabix Limited v Manji Food Industries Limited – March 2015
KIPI decision (ruling of Assistant Registrar of Trade Marks) MULTIBIX confusingly similar to WEETABIX Registrar took into account the nature of the purchasers,
strength of the mark, similarity of marks and goods
05/01/202320
KENYA:
05/01/202321
Webtribe Limited t/a Jambopay v Jambo Express Limited [2014] eKLR
Registered trade mark JAMBOPAY used in Defendant’s company name and domain name
Defendant disputed jurisdiction of High Court of Kenya in respect of company name – court confirmed that it does have such jurisdiction
Commentary on apparent lack of harmony between Trade Marks Act and Companies Act
Merits: lack of evidence
THANK YOU
LATEST ANTI-COUNTERFEITING STRATEGIES REVEALED
GODFREY BUDELI | PARTNER | TRADE MARKS
LATEST ANTI-COUNTERFEIT STRATEGIES:
1. Registration and recordal of client’s trade marks in China:
The General Administration of Customs in China (GACC) is one of the most effective authorities re: examination of goods leaving its borders.
In 2012 alone, GACC detained approximately 15 000 containers. Increases the chances of detention alleviating them reaching other
markets.
05/01/202324
2. Customs/Police Training: Increased Customs/Police training in Africa. In the past, focus was on training for enforcement agencies domestically. Established footprint in Africa now conducting training in the Sub-
Saharan African countries regularly. Established direct contact with Customs/Police in several African
countries. Good working relationship with international enforcement agencies like
Interpol, World Trade Organisation and World Customs Organisation. Various ports’ being used to push counterfeit goods into the continent,
including Dar es Salaam, Mombasa, Luanda, Maputo and Walvis-bay. Formal Customs recordal system in place in South Africa, Mauritius,
Morocco, Tunisia, South Sudan, Zimbabwe and Ethiopia. Informal recordals are possible in most other countries.
05/01/202325
3. In Market operations (Admission of Guilt Fine System): This system requires approval of the Magistrate’s court within the
jurisdiction. System was introduced in Johannesburg and Port Elizabeth in 2013. Involves arresting of suspects, finger prints taken, docket opened and an
admission of guilt negotiated. The fine agreed upon is payable to the State and criminal records against
the Suspects. The Suspect’s details may also be handed over to the Department of
Home Affairs. Voluntary surrender of infringing goods and details of the supplier may
be obtained. Goods destroyed immediately. This is a cost effective and efficient strategy without launching fully
fledged civil and/or criminal proceedings.
05/01/202326
05/01/202327
Senior Magistrate has now been approved the system for the Durban area. Discussions currently underway to roll this system out to Pietermaritzburg
and Western Cape areas.
4. Online enforcement:
Developed online enforcement strategies. Identify cases that require escalation to investigation as opposed to a
simple take-downs.
5. Out of box options
A) Landlords liability:
We are working together with the Commercial Crime Unit, Organised Crime and the Asset Forfeiture Unit in an effort to hold the landlords of problematic buildings liable for their tenants’ dealing in counterfeit goods. The idea is to seize these buildings and to shut the entire operation down once and for all.
This project started mid 2013 and is an on going project. In response to our demands, the landlords have adopted a more co-
operative approached and surprisingly agreed to supervised building audits.
Several meetings held with landlords attorneys to discuss way forward.
05/01/202328
B) Targeted and specialised investigations:
Top end investigators are now emerging in the wake of the complicated web in which the international syndicates organisations operate. Proper investigations are required to determine the source/origin of the counterfeit goods (be it locally or abroad).
This type of investigations include market surveys in South Africa and some Sub-Saharan Countries.
Assist brand holders to put effective brand protection strategies in place plus allocate enough budget for implementation.
05/01/202329
WHAT TO EXPECT IN 2016:
05/01/202330
More collaboration between stakeholders.
Increased number of Admission of Guilt Fine Operations.
Admission of Guilt Fine system to be rolled out to Western Cape and Pietermaritzburg areas.
Dedicated State Prosecutors to deal specifically with dockets involving
counterfeit goods.
Controlled deliveries.
Implementation of BMA.
THANK YOU
DEBBIE MARRIOTT | PARTNER | TRADE MARKS
COPYRIGHT LAW DEVELOPMENTS
CASE LAW UPDATES
Quill Associates case
Quill licensed use of BIQ software to West Rand District Municipality Randfontein + Westonaria + WRDM = Uni-City Municipality Argued: extended license orally for R and W to use BIQ, but BIQ
not be loaded to separate servers Quill/WRDM license terminated R & W argued WRDM’s entitlement to use BIQ ad infinitum,
also extended to them
05/01/202334
Quill Associates case
Oral evidence heard in trial Preponderance of probabilities
– court agreed conditional extended license to use was terminated
Randfontein and Westonaria ordered to pay Quill reasonable royalty of R4.75million and R5.75million for the unlawful use of BIQ software
05/01/202335
Atelier v Kilnworx
Generally: © author/s = © owner Commissioned works: photograph, painting/drawing of a portrait,
gravure, cinematographic film, sound recording IFF money + made
pursuant to commission =>person commissioning = © owner
Vs. Commissioned software, logos, all other works =>© author/s = © owner person commissioning = © licensee?
05/01/202336
Atelier v Kilnworx
commissioner retained equitable interest in logos=> entitled to assignment
UK case law – 1998 Classic FM case: business efficacy to contract => assume can stop unauthorised third party use, i.e. able to own © or exclusive license to use
Griggs case (2005): qu bought © ownership, or a © license? Kilnworx case: implied term that Kilnworx would own ©; equitable that
entitled to take assignment UK law: equitable interest vs legal interest
05/01/202337
Atelier v Kilnworx
SA law: officious nosey bystander may import tacit terms into contract
BUT rather always take assignment in writing upfront
05/01/202338
Copyright Amendment Bill 2015
LEGISLATIVE UPDATE
05/01/202340
New classes of works: Craft works BUT = artistic works
Recognition of and improved access to orphan works = owner cannot be located. Work preserved and shared BUT through State-controlled, not State-owned, licensing
05/01/202341
Extension of restricted acts – reproduction and sharing over internet
Technical protection measures – prohibition of circumvention
Improved access for disabled people
Broadened scope of infringement exemptions through “fair use”, especially re education
Improved control and regulation of royalty collection societies.
05/01/202342
State to own copyright if State-funded – arbitrary deprivation, contrary IPR from Publicly Financed R&D Act
State to own copyright - where rights holder cannot be located OR where author unknown OR DeceasedBUT State should not own copyright in orphan works – rather empower State to grant licenses
05/01/202343
New criminal offences, including: failure to pay re-sale royalties for artistic work –
payable every time work sold to new party
for directors unless without knowledge, or all due diligence exercised to prevent offence
for manager, secretary or other officer if committed with the consent of, collusion with or is attributable to any negligence on his part
05/01/202344
Content regulation for broadcasters
Protection of performers’ economic and moral rights
Contrary international agreements, eg Berne Convention, TRIPS Agreement
05/01/202345
THANK YOU
JAC MARAIS | PARTNER | COMMERCIAL, PROPERTY & LITIGATION
TRANSFER PRICINGStrategies under the spotlight
1. Section 31 of the Income Tax Act (1962)
2. OECD guidelines – IP
3. Unpacking the Arms Length Principle
INDEX
(2) Where—(a) any transaction, operation, scheme, agreement or understanding constitutes an affected transaction; and any term or condition of that transaction, operation, scheme, agreement or understanding—(i) is a term or condition contemplated in paragraph (b) of the definition of ‘affected transaction’; and(ii) results or will result in any tax benefit being derived by a person that is a party to that transaction, operation, scheme, agreement or understanding,the taxable income or tax payable by any person contemplated in paragraph (b)(ii) that derives a tax benefit contemplated in that paragraph must be calculated as if that transaction, operation, scheme, agreement or understanding had been entered into on the terms and conditions that would have existed had those persons been independent persons dealing at arm’s length.
05/01/202349
Section 32 of the ITA
It is set forth in Article 9 of the OECD Model Tax Convention as follows: where “ c o n d i ti o n s a r e m a d e o r i m p o s e d b e t w e e n t h e t w o e n t e r p r i s e s i n t h e i r c o m m e r c i a l o r fi n a n c i a l r e l a ti o n s w h i c h d i ff e r f r o m t h o s e w h i c h w o u l d b e m a d e b e t w e e n i n d e p e n d e n t e n t e r p r i s e s , t h e n a ny p r o fi t s w h i c h w o u l d , b u t f o r t h o s e c o n d i ti o n s , h a v e a c c r u e d t o o n e o f t h e e n t e r p r i s e s , b u t , b y r e a s o n o f t h o s e c o n d i ti o n s , h a v e n o t s o a c c r u e d , m a y b e i n c l u d e d i n t h e p r o fi t s o f t h a t e n t e r p r i s e a n d t a xe d a c c o r d i n g l y ”.
05/01/202350
UNPACKING THE ARMS LENGTH PRINCIPLE
05/01/202351
UNPACKING THE ARMS LENGTH PRINCIPLE: WHO’s TAX IS IT ANYWAY?
Comparable Uncontrolled Price (CUP)
Profit based methods‐ Profit comparison methods
(TNMM) Profit split methods (“PSM”)‐
05/01/202352
APPLYING THE ARMS LENGTH PRINCIPLEThe Various Tests
Transfer pricing key to IP migration strategy
Future impact of transactions
05/01/202353
CLOSING REMARKS
ASHLIN PERUMALL | SENIOR ASSOCIATE COMMERCIAL, PROPERTY & LITIGATION
EXCHANGE CONTROLAND ITS INTELLECTUAL PROPERTY
CHALLENGES
INTRODUCTION Exchange control –
Exchange Control Regulations Currencies and Exchanges Act, 1933
Controls used to protect foreign currency reserves by blocking expatriation of currency and assets as well as regulatory inward investments
Applies to both inbound and outbound investments/transactions
Comprises: Act, Regulations, Orders and Rules, Rulings and Circulars, Manual
05/01/202355
Implementation of any such structure requiring SARB approval where approval is denied is prohibited and would constitute a violation of South African law
05/01/202356
WHY IS EXCON IMPORTANT?
COMMON MONETARY AREA (CMA)
05/01/202357
Countries South Africa Swaziland Lesotho
No Excon requirements between any of the members of the CMA
Lesotho and Swaziland have their own Excon Authorities, Acts and Regulations but in terms of the CMA Agreement, their application must be at least as strict as that of the RSA
AUTHORITIES IN SOUTH AFRICA
05/01/202358
The Minister of Finance - delegated to SARB most powers, functions and duties
Financial Surveillance Department (FSD) Certain banks appointed as Authorised Dealers Closed door policy Department of Trade and Industry (DTI) acts
as advisor to SARB where transaction involves local manufacture of products; or the provision of certain services
RELEVANCE TO INTELLECTUAL PROPERTY
05/01/202359
Exchange control is very important to consider in respect of IP
Areas to consider regarding IP Assignment out License in License out (between related persons)
Other considerations: Loop structure Tainted IP
05/01/202360
ASSIGNMENT (EXPORT) OF IP
Export of IP
Non-CMAResident
ASSIGNMENT (EXPORT) OF IP
05/01/202361
Regulation 10(1)(c) Excon Regulations Prohibits the export of any capital without prior
exchange control approval from the FSD Oilwell (Pty) Ltd v Protec International Ltd and Others 10(1)(c) amended 8 June 2012 Capital now includes intellectual property rights Exported:
Cession, assignment or transfer Creation of a hypothetic or security over
05/01/202362
Practical consequence: very difficult to obtain Excon approval for export of capital
2015 Update: relaxation for international venture capital markets
Sectors: technology, media, telecommunications, exploration, and research and development sectors
Primary listing offshore or to raise capital and loans offshore on the back of their IP assets
Strict criteria
ASSIGNMENT (EXPORT) OF IP
LICENSE IN
05/01/202363 05/01/2023
Royalties
Non-CMAResident
IP License
LICENSE IN
05/01/202364
i.e. Offshore licensor license to a South African resident licensee and South African Resident pays royalties
2 Scenarios: DTI: local manufacture of products or the provision
of certain services – Approach DTI SARB: Trade mark (not re a manufacturing agreement);
lease; distribution; design; technical; management; software; and copyright – Approach authorised dealer
Focus on: Royalty Rate (4% - 6%)
05/01/202365
LICENSE OUT
IP License
Non-CMAResident
Royalties
LICENSE OUT
05/01/202366
i.e. South African resident licensor license to an offshore licensee and offshore licensee pays royalties
30 April 2009 – ito SARB Policy Communiqué = this requires SARB approval
Focus on: arm’s length agreement
LOOP STRUCTURE
05/01/202367
Loop structure = prohibited by SARB Loop structure - investment in an offshore entity by
a South African resident and subsequent investment by such offshore entity back into South Africa
Indirect investment by the South African resident in South Africa
Definition of capital in Reg 10(1)(c) includes IP rights –the prohibition against loop structures could be extended beyond ownership to wider transactions (e.g. license agreements)
TAINTED IP
05/01/202368
Tax consideration: Not strictly Excon but often relevant in Excon/IP matters
Income Tax Act, 1962 (the ITA) IP = ‘tainted intellectual property’ if IP is:
created in South Africa; transferred to a non-resident; and then licensed back to the South African person for a royalty
South African entity will not be entitled to deduct the royalty paid for income tax purposes in terms of section 23I of the ITA for tainted IP
KAREEMA SHAIK | ASSOCIATEALISSA NAYANAH | ASSOCIATE
gTLD UPDATE .sucks, .sex and other developments
What is a Top Level Domain Name?
05/01/202370
Country Codes
Generic Top Level Domain Names (gTLDS)
05/01/202372
05/01/202373
05/01/202374
30 MARCH 2015
RATIONALE
MOST CONTROVERSIAL
PREMIUM DOMAINS - $2500
DO WE BUY INTO IT?
05/01/202375
WHAT DO I DO WITH A .SUCKS DOMAIN?
05/01/202376
Register block (not available for premium domains)
Defensive – Point to primary website
Use brand.sucks website as part of your customer care strategy
I WILL NOT BE SUCKED IN!
05/01/202377
Too expensive
Endless possibilities
Consumer care platforms already in place
ALREADY REGISTERED?
05/01/202378
Apply to Block
Anonymous Bid
UDRP
05/01/202379
05/01/202380
Rationale
Controversy
Protection for IP holders
Concerns remain
I am a Brand Owner! What can I do to protect my rights?
05/01/202381
UDRP Procedure
Strategy - gTLDS- Core Brands- Enforcement
THANK YOU
JENNY PIENAAR | PARTNER | TRADE MARKS
THE FUTURE OF ALCOHOL ADVERTISING IN SOUTH AFRICA
Regulated by : Liquor Act of 2003 Liquor Products Act of 1989
85
Still have same laws plus: ASA Code ARA Code
CONTROL OF MARKETING OF ALCOHOL BEVERAGES BILL Approved by Cabinet on 18 September 2013
Has not yet been published Follows recommendations of the WHO Public health approach – aimed at reducing
the socio-economic impact of alcohol abuse Aims to:
restrict the advertising of alcoholic beverages; prohibit any sponsorship associated with alcoholic beverages (excl.
donations); and prohibit the promotion of alcoholic beverages
NATIONAL LIQUOR POLICY
Published for public comment in May 2015
Outlines policy proposals intended to amend the Liquor Act adopt the Bill uniform trading hours and zoning areas raising legal drinking age from 18 to 21 raising the excise tax on alcohol
87
An impact assessment report has been prepared Government may shift the focus away from an
alcohol advertising ban, to strict regulation of alcohol outlets
Proposed amendment of the Bill to include a levy to support health promotion campaigns and education programmes relating to the dangers of alcohol abuse
It is also proposed that Government Departments that will be negatively impacted by the implementation of the Bill are compensated through the ARA fund
RECENT REPORTS
THANK YOU
WYNAND FOURIE | SENIOR ASSOCIATE | PATENTS
WHEN IN AFRICA, DO LIKE THE….
No longer the hopeless continent!
Africa is ripe with opportunity Five of the top 10 fastest growing economies are in Africa Africa has the youngest population in the world – Median age is 19 yrs From a business perspective, Africa is the future! The risk is not being in Africa, the risk is not being in Africa
(Kgomoeswana, Africa is open for business, 2014, pg 5) Foreign direct investment has risen consistently for longer than a decade
05/01/202391
Challenges facing Africa
Africa is often misunderstood Negative publicity created through isolated incidents creates bad
sentiment and influences decisions of ignorant investors Fear for African is born out of ignorance Rampant corruption Ample resources but inability to convert it into wealth Infrastructure backlog Smaller market than Asia - Only 15% of world’s population
05/01/202392
Positives
Resource rich Ease of doing business – World Bank Ease of doing business 2014 report
ranks 8 African countries ahead of Russia and China Backlog is opportunity for business Necessity is the mother of innovation – M-PESA (Mobile money transfer
solution started in Kenya) Large potential for growth
05/01/202393
Do you have an African strategy? If not, why not?
Keys to business success in Africa (Article by Douglas Taylor in Business Day – Oct 2015): Understand the environment and the local business culture Build political capital by achieving mutually beneficial results –
not by bribery! Compromise on business model – don’t try replicate SA model Commoditise e.g. MTN, Shoprite
05/01/202394
A noteworthy African innovation not from SA
Before the introduction of M-PESA in Kenya, almost 90% of Kenyans were unbanked
M-PESA - “Mobile money” provides a mobile payment solution for those who don’t have access to bank accounts
Easy way to store or move money and pay for services using your mobile phone
No monthly fees Affordable transaction charges
05/01/202395
A noteworthy South African innovation
DRAADSITTER
05/01/202396
Another noteworthy South African innovation SEEBOX
05/01/202397
Incentivising innovation through reward
African Entrepreneurship Award US$ 1 Million prize money Three categories – Education, Environment, Uncharted More than 5000 entries from 54 African countries in 2015 3 rounds of elimination Biggest competition in Africa
05/01/202398
Incentivising innovation through reward
Africa Prize for Engineering Innovation DRAADSITTER was a finalist Winner gets £ 25,000 and two runners-up get £10,000 each
05/01/202399
THANK YOU
COMMERCIAL IP: FRANCHISING
EUGENE HONEY | PARTNER | TRADE MARKS
Commercial IP Franchising
Franchise Survey Results
Pan African Franchise Federation
Developments in Africa
05/01/2023102
SUMMARY
05/01/2023103
Estimated Turnover of Franchised outlets is 465.27 billion Rand pa
About 12.5% of SA’s GDP
90% of Franchisors are optimistic about future growth in their business
SA has over 600 franchise systems
50% of SA Franchisors intend to expand outside of SA
STATISTICS OF FRANCHISING IN SOUTH AFRICA
05/01/2023104
37% of SA Franchisors have already expanded into neighbouring countries
61% of Franchisors have been in business longer than 6 years
Total number of employees employed by Franchised outlets is estimated at 329 000 people
Franchising covers a broad range of industries
STATISTICS OF FRANCHISING IN SOUTH AFRICA
05/01/2023105
STATISTICS OF FRANCHISING IN SOUTH AFRICABUSINESS CATEGORY
05/01/2023106
Number of franchisors in South Africa – 1994 - 2014
Source: FASA Franchise Directory 2015Franchise Factor 2010 Highlights
05/01/2023107
Turnover generated by franchise systems
2008 R256.46 billion
2010 R287.15 billion
2012 R302,40 billion
2014 R465,27 billion
Initial countries involved:- South Africa; - Mauritius;- Egypt; - Zambia; and- Tanzania; - Namibia.- Uganda;- Kenya;- Rwanda;- Ethiopia;- Ghana;- Senegal;- Nigeria;
PAN AFRICAN FRANCHISE FEDERATION (PAFF)
05/01/2023109
PRIMARY OBJECTIVES:
1. To develop franchising in Africa;
2. To facilitate and assist with franchise expansion into and between member countries.
PAN AFRICAN FRANCHISE FEDERATION (PAFF)
05/01/2023110
PROGRESS:
1. PAFF Constitution signed in April 2015;2. Very established Franchise Associations in South Africa and Egypt;3. Steering Committees to form Franchise Associations were established
in the other countries mentioned;4. Egypt is in the process of preparing Franchise legislation;5. Establishing a website for PAFF
- It would indicate details of franchising activities in each country;- Salient legal requirements for franchising in each member country
PAN AFRICAN FRANCHISE FEDERATION (PAFF)
05/01/2023111
PROGRESS:
6. There are steady and increasing licensing, distribution and franchise activities and arrangements into African countries;
7. It seems the trend is set to continue;8. Whilst there are certainly challenges, if you get essentials in place, like do
your homework properly per country, find competent local contacts and good relationships, tax advice, IP protection, compliant agreements and exchange control approval, the returns for many have been significant.
PAN AFRICAN FRANCHISE FEDERATION (PAFF)
THANK YOU
THANK YOU FOR JOINING US AT THE ADAMS & ADAMS
IP CRAMMER 2015