News & Insights
Listen | Who owns the copyright to the tattoo on your body
Author: Nicole Smalberger Nicole Smalberger discusses copyright in tattoos with 702 Talk Radio’s Joanne Joseph. Would it ever occur to you that a third party might be able to claim rights on your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. […]
November 15 2018
Will privacy laws like GDPR and POPI kill the direct marketer?
Currently, the Electronic Communications and Transactions Act, 2002 (the ECTA) and the Consumer Protection Act (the CPA) regulate the sending of unsolicited commercial communications (emails, texts and the like). An unsolicited communication can be sent, unless the recipient has requested the marketer to refrain from sending such communications (opted out). The ECTA specifically provides consumers […]
November 01 2018
More than meets the (GU)I! - IP Protection for Apps
The demand for software applications, particularly mobile apps has grown at a phenomenal rate in recent years, fuelled in part by the ever growing use of smartphones globally. In 2018, it is estimated that 66% of individuals in 52 key countries will own a smartphone, up from 63% in 2017 (Zenith Mobile Advertising Forecasts). Meanwhile, […]
October 30 2018
It may be time to review your policy on Accrued Annual Leave Payments
There are three possible instruments that regulate the payment of accrued annual leave upon an employee’s termination of employment. The first is the Basic Conditions of Employment Act (BCEA)1, second, an employment contract and the third, a leave policy. The BCEA does not stipulate the minimum amount of statutory accrued annual leave that ought to […]
October 30 2018
Inventorship in the Age of Artificial Intelligence
Who should get credit for an invention which was devised by superhuman AI with little or no human intervention at all. Would it be the original creator of the AI, the AI itself, or can it possibly be the end user of the superhuman AI coming up with the inventive solution?
October 30 2018
Getting High on Intellectual Property Rights
For now, the commercialisation of cannabis (apart from hemp) in South Africa is theoretical, since the cultivation and use of cannabis is only allowed in private. However, legitimate commercial opportunities will inevitably shape policy and decisive IP strategies will pay dividends. Choosing a protectable brand from the start is essential!
October 23 2018
Blockchain | Friend or Foe of the Patent System?
The rise of blockchain technology, and particularly cryptocurrencies, has influenced various aspects of the global economy and the technological landscape. But while blockchain technology could benefit the patent system, it may also challenge the patent system or hurt its credibility.
October 23 2018
How does surrogacy work in South Africa?
Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a "long and difficult" struggle to have another baby. How does surrogacy work in South Africa?
September 12 2018
SHARING IS NOT CARING – IT’S IN YOUR NDA
Do not disclose confidential information, new designs, ideas or inventions without appropriate protection in place – a non-disclosure agreement (NDA).
September 10 2018
OMG! CAN YOU JUST BE CHILL!?
OMG, OMFG, WTF!?, COOL AF – offensive and inappropriate or effing cool taglines? This is a question that was recently considered by the Advertising Standards Authority of South Africa in Typo Stationery / Kathrine Marsden & Another / 2018-809F. Popular stationery store, Typo, advertised a sparkle ball point pen. The advertisement consisted of an image […]
August 26 2018
A NO-NONSENSE GUIDE TO THE LEGAL ASPECTS OF FRANCHISING
A Franchise Agreement is a sophisticated form of Licence Agreement. It is therefore necessary to first look briefly at what a license is and what can be licensed. The image below sets out the essentials of a License Agreement. You will note that at the core, it is a contractual business relationship between a licensor […]
August 26 2018
WITH THIS AGREEMENT I THEE WED. AND PROTECT
Planning your ‘happily-ever-after’ is no easy feat. Between finding a venue, coming up with a world war-thwarting seating plan and orchestrating photography and flowers, couples find themselves managing a lot during the engagement period. Understandably then, the conclusion of the marriage agreement between two persons hardly receives the due consideration and attention it requires. For […]
July 30 2018
PATENT LITIGATION IN SOUTH AFRICA | WHAT YOU NEED TO KNOW
Did you know that patent matters in South Africa are adjudicated in a specialised court: the Court of the Commissioner of Patents? The Commissioner effectively has the powers of a High Court judge and the specialised court functions in a very similar way to a division of the South African High Court. The Commissioner has […]
July 29 2018
BURNBERRY | PRODUCT DESTRUCTION AS IP STRATEGY
Luxury British clothing brand BURBERRY recently ‘came under fire‘ for destroying clothing items worth more than £28 million (almost R500 million). It is no secret that well-known and highly coveted brands spend millions on advertising, promoting and protecting their brands and Burberry is no different. Burberry’s history dates back to 1856 and its iconic Burberry […]
July 29 2018
Who owns the Roger Federer RF monogram trade mark?
While you channel hop between the FIFA World Cup and the tennis you may have noticed that Roger Federer is no longer resplendent in Nike apparel at Wimbledon this year and is now sponsored by the Japanese brand Uniqlo (he still wears Nike shoes though). We were very interested to read the article on the […]
July 08 2018
How Intellectual Property Rights are Human Rights
In Part One of this series of articles we introduced the concept of cultural appropriation and provided an explanation of why it sits uncomfortably with most of us. In Part Two we discussed the power dynamics at play and whether that power-balance has been struck in the current IP legislation we see internationally. This article by Myriam […]
July 07 2018
COPYRIGHT IN TATTOOS | A PRICKLY LEGAL QUESTION
Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. A tattoo is an artistic work. If it is original and reduced to a material […]
June 03 2018
SOUTHERN SUN 'SQUARES OFF' AGAINST NAMIBIAN BRAND OFFENDER
Author: Kareema Shaik The Namibian High Court recently issued a decision (read the decision here) dealing with passing-off and copyright infringement in the matter of Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant) and Sun Square Hotel (Pty) Limited (Respondent). The Applicants form part of the well-known South African […]
May 31 2018