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1 April 2012Copyright

Big is beautiful: how Adams & Adams is taking on the world

Financial crisis? What financial crisis? While many law firms have struggled in the face of rising costs and falling revenues, some high-performers in Africa have benefi ted from increased opportunity and investment across the continent which, coupled with more robust IP protection, has led to a comparative boom in work.

Adams & Adams is South Africa’s largest IP firm and, with its takeover of Bowman Gilfillan’s IP practice, now boasts 85 IP attorneys. Alongside this numerical expansion, the firm has also branched out geographically, now also opening offices in Tanzania and Burundi to signal its continental ambitions.

Dario Tanziani (above right), chair of Adams & Adams, says the merger with Bowman Gilfillan’s IP practice “makes perfect sense” for both parties.“The IP industry is becoming very competitive in light of the economic circumstances,” he says. “One way to increase our market share is to take on a good practice. It means we can achieve economies of scale and boost our market share and our bottom line.”

It’s not just the firm that stands to benefit from the merger. “From the clients’ perspective,” says Tanziani, “they will be housed in the Adams & Adams infrastructure and also have the opportunity to service Bowman’s blue chip client base.”

Eugene Honey was chair of Bowman Gilfillan’s IP practice prior to the move. He says the move is “a win all round for clients, staff , senior associates, associates and support staff . There are massive synergies and economies of scale.”

“Bowman gIlfIllAn hAS An exIStIng AfRIcA pRActIce, And AdAMS & AdAMS hAS A WIde netWoRK of ASSocIAteS In AfRIcA And beyond WIth WhIch It WoRKS cloSely on non-South AfRIcAn MAtteRS.”

Approximately 65 staff from Bowman Gilfillan have moved to Adams & Adams, the entire IP department, including lawyers and support personnel (not admin staff). Honey underlines that the split is more than amicable. “We expect work to come from Bowman Gilfillan,” he says. “We’ve been together 13 years, and there are many relationships throughout the firm.” Tanziani confirms that impression: “We do have an understanding that we will be preferred IP service provider for Bowman, though that’s not exclusive.” He points to the “specialist attention” that Adams & Adams can provide to IP clients. “The synergies will help us to expand,” he adds. “The whole is greater than the sum of its parts.”

The breakdown of the merged firm demonstrates an enviable array of skills. It will have 33 trademarks partners and 27 associates, 16 patent partners and eight senior associates, with three more about to qualify. The firm will cover all aspects of IP practice, as well as design law and competition.

Tanziani, who has 25 years’ background in pharmaceutical patent work, will continue to chair the firm, and concedes that the concurrent expansion in Tanzania and Burundi is “not entirely a coincidence”. Bowman Gilfillan has an existing Africa practice, and Adams & Adams has a wide network of associates in Africa and beyond with which it works closely on non-South African matters.

“Clients are seeing the economic growth rates in Africa, and that means there’s increased demand for services,” he says. “We can offer our clients better service into Africa. It’s becoming more competitive, especially as the ‘magic circle’ firms move here, but they will also need IP expertise in Africa. We have that infrastructure.”

These new openings follow an agreement that the IP practice of law firm Mkono & Co will now operate as the Tanzanian and Burundi IP offices of Adams & Adams. Mkono & Co has worked closely with Adams & Adams in previous years.

“We can offer our clients better service into Africa. It’s becoming more competitive, especially as the ‘magic circle’ firms move here, but they will also need IP expertise in Africa.”

Tanziani adds that while there is still large variation in the calibre and type of IP laws across Africa, many countries have changed, or are in the process of changing, their IP laws to be more advanced than the colonial systems they replace. “We’re in the process of compiling a handbook of IP laws in Africa,” he says. “There’s a real drive to beef up the laws as we are seeing more investment in Africa and more technology transfer. And then there’s the aspect of having effective systems to protect home-grown IP, which is on the increase.”

Honey also makes the point that South Africa is often used as a launch pad for expansion into Africa, and given that IP is one of the big drivers of expansion, it makes sense to offer a strong IP service. “If companies want to invest in Africa, they often look at South Africa first, as a springboard,” he says. “The next step is often a distribution or similar arrangement. Very often the protection of the IP leads.”

Starting operations even further afield, ie, outside the continent, is not on the agenda for now, but Tanziani says that it isn’t being ruled out. “In terms of doing work in South Africa that is utilised in other countries, we do that already for local clients. But in terms of establishing presences outside Africa, we’re watching carefully what firms elsewhere are doing.”

For now, though, Honey and Tanziani are enthusiastic about the present challenge. “It’s a very exciting development,” says Honey, “in the sense that it clearly puts Adams & Adams as the premier IP firm in Africa, and provides an opportunity to expand in Africa and South Africa.”

Tanziani adds: “I’m thrilled to see the firm grow— this is a unique opportunity for both operations to grow into very significant practices locally and globally. It’s very hard to develop market share in this climate, so this is a great development.”

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