About Derek Harms SC

Derek Rumpff Harms SC is a senior advocate practising in South Africa and abroad. He is also an admitted solicitor of England & Wales. He has been practising 23 years at the Bar in South Africa, focusing on IP law after completing his studies at the specially designated IP law school which was established at Queen Mary & Westfield College, London University (in the 1990’s).

Bekker N.O v Duvenhage [1977] HIPR 157 (E)

The plaintiff was the executor in a deceased estate. In 1950, the deceased had entered into a notarial agreement in terms of which he waived all his rights to a deed of fideicommissum made by his father, as well as all his rights under the will of his grandparents, on condition that, whether or not he died before his parents, a farm bequeathed by his grandparents would devolve upon his heirs or executors, and be transferred to them.

By |2021-07-12T22:59:30+02:0012 July 2021|Case Law & Judgements, South Africa|

7 Major M&A Deals That Broke Down Due To COVID-19

The coronavirus pandemic wreaked havoc on the market for mergers and acquisitions in the middle of last year, causing a short­term stoppage in deal activity, leading multiple major transactions to be revised or abandoned, and resulting in some parties taking their disputes to court. Here, Law360 looks at seven of the most significant deals that broke down because of the effects of COVID­19.

By |2021-07-12T22:49:25+02:0026 April 2021|Covid-19, General Interest Papers|

Koni Multinational Brands (Pty) Ltd v Beiersdorf AG [2021] HIPR 162 (SCA)

The respondent ("Beiersdorf") marketed personal care products comprising shower gels, face products and body lotions throughout the world, including South Africa. It was the manufacturer and distributor of NIVEA MEN personal care products, and was the proprietor, since 1911, of the NIVEA trademark, a personal care brand focused on body care. Since 1925, Beiersdorf had consistently used a blue and white colour combination in the get­up of its NIVEA products. More specifically, it used the combination of a white font on a blue background. Given the extensive and longstanding use of the get­up, Beiersdorf's packaging has become associated with it as have NIVEA personal care products.

By |2021-07-12T22:27:41+02:0026 April 2021|Case Law & Judgements, South Africa|

Oomph Out of Home Media (Pty) Limited v Rory Lawrence Brien and another [2021] HIPR 163 (GJ)

The first respondent (Brien) was a director and shareholder of the applicant. After about five years with the company, he left the applicant's employ in 2020. His proffered reasons for exiting were the breakdown in his relationship with another director in the company, and the fact that he had not been paid his full salary for a while, resulting in his being owed R1.2m by the company. After his resignation, he took up employment with the second respondent ("Provantage"), a competitor of the applicant.

By |2021-07-12T22:33:04+02:0026 April 2021|Case Law & Judgements, South Africa|

Open Horizon Ltd v Carnilinx (Pty) Ltd [2019] HIPR 161 (GP)

The applicant ("Open Horizon") was the registered proprietor of several trade marks (referred to hereinafter as the "Pacific trade marks") which were registered in respect of, inter alia, cigarettes. The respondent ("Carnilinx") was a South African company and a direct competitor of Open Horizon and was previously licenced in October 2015 by Open Horizon and its predecessor­in title ("Savanna") for the manufacturing of PACIFIC BLUE cigarettes. The licence agreement was operative from November 2015 for a period of three years and in terms of same Carnilinx acknowledged Savanna's intellectual property in respect of the PACIFIC BLUE trade mark. Carnilinx agreed not to do anything that would in any way impair Open Horizon's rights.

By |2021-07-12T22:34:20+02:0026 April 2021|Case Law & Judgements, South Africa|