Ghadieja Khan
Senior Associate | Cape Town
Contact
T: +27 21 480 7829
E: ghadieja.khan@bowmanslaw.com
Overview
Ghadieja specialises in intellectual property (IP) and technology law, having advised clients across multiple sectors, including financial services, education, manufacturing, agriculture, healthcare and food and beverage, amongst others.
She advises on complex transactions involving companies with significant intellectual property and technology assets (such as software, mobile technology, inventions, brands, copyright, trade secrets, know-how and confidential information) and provides advice on the protection, enforcement, structuring and exploitation of these rights. She regularly advises on the material IP and technology considerations flowing from a broad range of M&A transactions (such as international acquisitions and disposals, public offerings and corporate reorganisations, and international structures).
Her experience extends to general corporate/commercial law, contractual and regulatory compliance.
In addition to the above, Ghadieja has also been involved in IP contentious matters and dispute resolution, including IP infringement actions, unlawful competition/passing off actions, as well as trade mark and domain name oppositions.
Experience
- MTN (Dubai) Limited (MTN) in relation to the sale of 50% of the issued shares held in aYo Holdings Limited (aYo) to Sanlam Emerging Markets Proprietary Limited (Sanlam) and the subscription by MTN and Sanlam for further shares in aYo, including the drafting and negotiation of the intellectual property licences for trade marks and systems for the purpose of marketing, distributing and (where applicable) administering products.
- Nestlé (South Africa) Proprietary Limited in relation to a suite of IP agreements relating to the sale of its shares in Clover Waters Proprietary Limited to Clover S.A. Proprietary Limited, which included reviewing, amending and negotiating the brand licence agreements relating to the MILO and PURE LIFE brands, an option agreement that provided an option to purchase the PURE LIFE brand upon the expiry of the licence agreement; and an inter-related manufacturing and packaging agreement.
- Alexander Forbes Limited in the intellectual property and information technology due diligence relating to its acquisition of 100% of the issued share capital in OUTvest Proprietary Limited from OUTsurance Holdings, and drafting the relevant IP assignment agreements relating to the business’ proprietary online investment platform.
- AB InBev (through its Zambian subsidiary, Zambian Breweries Plc) with the drafting and negotiation of an inter-company distribution agreement, in respect of the sale of products manufactured by Zambian Breweries to its new subsidiary, following an internal restructure of the Zambian AB InBev group.
- AgroFresh Solutions Inc. and Paine Schwartz in the intellectual property and information technology due diligence relating to its acquisition by AgroFresh South Africa Proprietary Limited (a local subsidiary of AgroFresh Solutions Inc.) of 100% of the issued share capital in the Tessara Group, a provider of post-harvest solutions.
- A very prominent African financial services group, in relation to the preparation of a mainframe services outsource agreement to be concluded with a large South African commercial banking institution, in terms of which the bank will provide outsourced mainframe (IT infrastructure) services to the client.
- Mamelodi Sundowns Football Club Proprietary Limited (MSFC) in relation to a sponsorship agreement concluded with Southern Sun Hotel Interests Proprietary Limited (SSH), applicable to the parties throughout the African continent, including identifying material legal risks and advising MSFC on appropriate licensing arrangements in relation to its trade marks and other sponsorship rights granted to SSH.
- Providing legal support to various multinationals, private equity houses, investment firms and banks on transactions involving companies with significant intellectual property and technology assets (including but not limited to online and mobile technology companies, FMCG companies, finance and insurance companies, mining companies, petroleum groups and education consortiums).
- Advising various companies in relation to their IP protection, prosecution, brand strategy, enforcement, litigation and commercialisation of IP throughout Africa.
- Negotiating, drafting and reviewing various types of intellectual property and technology-focused contracts.
AREA OF EXPERTISE
Qualifications
- LLB from the University of South Africa.
Overview
Ghadieja specialises in intellectual property (IP) and technology law, having advised clients across multiple sectors, including financial services, education, manufacturing, agriculture, healthcare and food and beverage, amongst others.
She advises on complex transactions involving companies with significant intellectual property and technology assets (such as software, mobile technology, inventions, brands, copyright, trade secrets, know-how and confidential information) and provides advice on the protection, enforcement, structuring and exploitation of these rights. She regularly advises on the material IP and technology considerations flowing from a broad range of M&A transactions (such as international acquisitions and disposals, public offerings and corporate reorganisations, and international structures).
Her experience extends to general corporate/commercial law, contractual and regulatory compliance.
In addition to the above, Ghadieja has also been involved in IP contentious matters and dispute resolution, including IP infringement actions, unlawful competition/passing off actions, as well as trade mark and domain name oppositions.
Experience
- MTN (Dubai) Limited (MTN) in relation to the sale of 50% of the issued shares held in aYo Holdings Limited (aYo) to Sanlam Emerging Markets Proprietary Limited (Sanlam) and the subscription by MTN and Sanlam for further shares in aYo, including the drafting and negotiation of the intellectual property licences for trade marks and systems for the purpose of marketing, distributing and (where applicable) administering products.
- Nestlé (South Africa) Proprietary Limited in relation to a suite of IP agreements relating to the sale of its shares in Clover Waters Proprietary Limited to Clover S.A. Proprietary Limited, which included reviewing, amending and negotiating the brand licence agreements relating to the MILO and PURE LIFE brands, an option agreement that provided an option to purchase the PURE LIFE brand upon the expiry of the licence agreement; and an inter-related manufacturing and packaging agreement.
- Alexander Forbes Limited in the intellectual property and information technology due diligence relating to its acquisition of 100% of the issued share capital in OUTvest Proprietary Limited from OUTsurance Holdings, and drafting the relevant IP assignment agreements relating to the business’ proprietary online investment platform.
- AB InBev (through its Zambian subsidiary, Zambian Breweries Plc) with the drafting and negotiation of an inter-company distribution agreement, in respect of the sale of products manufactured by Zambian Breweries to its new subsidiary, following an internal restructure of the Zambian AB InBev group.
- AgroFresh Solutions Inc. and Paine Schwartz in the intellectual property and information technology due diligence relating to its acquisition by AgroFresh South Africa Proprietary Limited (a local subsidiary of AgroFresh Solutions Inc.) of 100% of the issued share capital in the Tessara Group, a provider of post-harvest solutions.
- A very prominent African financial services group, in relation to the preparation of a mainframe services outsource agreement to be concluded with a large South African commercial banking institution, in terms of which the bank will provide outsourced mainframe (IT infrastructure) services to the client.
- Mamelodi Sundowns Football Club Proprietary Limited (MSFC) in relation to a sponsorship agreement concluded with Southern Sun Hotel Interests Proprietary Limited (SSH), applicable to the parties throughout the African continent, including identifying material legal risks and advising MSFC on appropriate licensing arrangements in relation to its trade marks and other sponsorship rights granted to SSH.
- Providing legal support to various multinationals, private equity houses, investment firms and banks on transactions involving companies with significant intellectual property and technology assets (including but not limited to online and mobile technology companies, FMCG companies, finance and insurance companies, mining companies, petroleum groups and education consortiums).
- Advising various companies in relation to their IP protection, prosecution, brand strategy, enforcement, litigation and commercialisation of IP throughout Africa.
- Negotiating, drafting and reviewing various types of intellectual property and technology-focused contracts.
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