Fatima Ismail
Biography
Fatima Ismail is an associate in Baker McKenzie's Corporate M&A Practice Group in Johannesburg and focuses on intellectual property (IP), media and technology law.
Fatima has been involved in advising on issues relating to information and technology law, including data protection and privacy laws.
Her experience extends to advising on e-commerce and regulatory law, as well as technology, media, telecommunications and IP law.
Her experience in IP includes providing advice in relation to trademarks, including prosecution, litigation and commercial transactional work, and advising on copyright law issues. She has been involved in the commercialisation and exploitation of IP rights and IP issues flowing from local and international acquisitions.
Representative Legal Matters
Intellectual Property
- Advised Electrolux South Africa (Pty) Ltd in relation to trade mark infringement allegations made by the South African Bureau of Standards against Electrolux. *
- Advised Linklaters LLP and drafting heads of argument in relation to trade mark opposition proceedings instituted against a South African entity. *
- Advised N2SA Pharmaceuticals (Pty) Ltd and N2SA UK Limited in relation to passing off claims made by a competitor. *
- Advised on exchange control considerations resulting from the sale and licensing of IP as a consequence of international corporate transactions. For example, Fatima prepared a memorandum advising Acino Pharma AG and its South African subsidiary Acino Pharma Priority Limited on the exchange control implications relating to the acquisition by Acino Pharma AG of certain pharmaceutical products owned by Aspen Holdings and Aspen Pharmacare. *
- Advised Shield Chemicals (Pty) Ltd and negotiating a settlement and assignment agreement pursuant to rectification proceedings launched against Shield by Reckitt & Colman Hygiene Limited. *
Telecommunications, Media, Technology
- Advised Experian South Africa (Pty) Ltd in respect of highly publicised data breaches suffered in 2020 and 2021. Drafted urgent court applications to obtain information relating to the identity of the persons responsible for the breaches and corresponding with the opposing party (one of the largest telecommunications providers in South Africa. *
- Advised Hans Merensky Holdings (Pty) Ltd and Microsoft South Africa (Pty) Ltd in relation to data breaches and drafted letters to the Information Regulator and stakeholders. *
- Advised in relation to the registration of Information Officers and registering Information Officers for clients at the office of the Information Regulator, pursuant to the commencement of POPIA in 2021. *
- Advised on defamation-related matters, including acted for parties in litigious defamation cases (both in South Africa and Botswana) and prepared opinions and memoranda on defamation, the applicable defences and prospects of success. *
- Advised the Credit Bureau Association and Medtronic Africa (Pty) Ltd in respect of the "prior authorisation" requirement under POPIA and drafting correspondence to the Information Regulator. *
* Experience obtained prior to joining Baker McKenzie
Professional Associations and Memberships
- Law Society of South Africa
Admissions
- South Africa (2021)
Education
- University of the Witwatersrand (LLB, cum laude) (2018)
- University of the Witwatersrand (BCom Law, Finance and Investment) (2016)
Languages
- English