Following the initiation of legal proceedings, on 7 May 2010, the Companies and Intellectual Property Registration Office (CIPRO) has agreed to permit the AIDS Law Project (ALP) to reserve the name SECTION27, incorporating the AIDS Law Project.
CIPRO initially refused to reserve the name, SECTION27, incorporating the AIDS Law Project, explaining as follows, “your proposed name connote government patronage. The wording employed to serve as a name, cannot be allowed and are calculated to cause damage, moreover misleading and damaging”. CIPRO also refused our request on the basis of a comparison with existing names on its database, however, they bore no resemblance to the requested name.
The ALP engaged CIPRO telephonically and in writing requesting a reconsideration of the refusal with a full explanation of the motivation behind the requested name. In our motivating for the requested name, we included the fact that the new organisation will promote awareness of the rights in section 27 of the Constitution so that those who need its protection may seek it. CIPRO then confirmed the refusal on the basis of two new reasons, stating “kindly bear in mind that the Registrar cannot allow or approve names that construe itself as the provision of the Act of Parliament. In view of that, you cannot employ Sec 27 of the Constitution of the Land to serve as the name of an entity or any organization.” He added further that “If you want to incorporate Section 27 of the Constitution of the South African Act, you need to obtain a written consent from the Parliament of South Africa”
11 March 2010
7 May 2010