News & Insights
Complexities of Co-Ownership
Many of us aspire to own our own property. Whether it is to have a place to call home or simply for purposes of starting an investment portfolio. But, raising the funds to buy property, especially for young individuals, can be challenging.
May 02 2020
Hot Contestation of the Functus Officio Doctrine in Kenyakkk
In a recent appeal to the High Court in Kenya concerning the THERMOS trade mark, the question whether the Registrar of Trade Marks (“the Registrar”) can revisit a decision previously made was considered.
April 29 2020
Thinking of Getting That COVID Trade Mark?
Albert Einstein once said, “In the middle of difficulty, lies opportunity”. There are no truer words for the current times where the COVID-19 virus has presented great opportunities for many.
April 29 2020
Merger Regulations Post-COVID-19
The competition authorities, being the Competition Tribunal (“the Tribunal”) and the Competition Commission (“the Commission”), are already in the thick of it when it comes to regulating markets and competition in the COVID-19 world afflicted by lockdowns and economic restrictions amongst other considerations.
April 29 2020
Proposed Changes to South African Exchange Controls Relating to the Transfer and License of SA-Owned Intellectual Property
“Intellectual Property (IP) intensive industries such as South Africa’s growing technology sector face various challenges with respect to cross-border transactions, including access to offshore markets for the commercialisation of IP, as well as financing and security for such transactions.
April 28 2020
A Possible Solution to the Difficulty in Quantifying Damages Claims in Counterfeit Goods Cases
The words of Coco Chanel: “If you want to be original, be ready to be copied” ring more true today than ever. According to the 2018 Global Brand Counterfeiting Report, the total value of counterfeit products globally is expected to reach 1.8 trillion dollars in 2020.
April 28 2020
Recovery of Judgment Debts From Organs of State - When Is It Appropriate to Issue a Writ of Execution?
Obtaining a favourable judgment against an Organ of State marks a day of success and promotes the feeling that justice has been served.
April 28 2020
Banks-Beware to Advance Funds to Clients Prematurely
Banks should take cognisance of the effect of Section 88 of the Insolvency Act when advancing funds to clients prior to the lodgement of a mortgage bond in the Deeds Office.
April 27 2020
Excessive pricing and COVID-19
Whilst many of us scramble to survive and limit the financial harm where possible, others opportunistic individuals and companies are trying to cash in on the panic by taking advantage of the public.
April 23 2020
Rights & Legal Recourse of Prisoners Amid the Increasing COVID-19 Infections in Prisons
The spread of the novel COVID-19 in South Africa has prompted the government to intensify its efforts in assisting the most vulnerable people in our country including the provision of recent financial reliefs.
April 23 2020
What is a Patent?
There is a common confusion amongst people regarding the difference between a patent and a trade mark. A trade mark typically includes designs, logos, phrases, slogans and names. Patents, however, provide protection for inventions which includes new products, methods, processes, or compositions. A patented item may not be duplicated, made/manufactured or sold without prior consent […]
April 22 2020
How a Patent Attorney can Help with a Patent Application
Patent attorneys provide guidance, assisting with the patent application process from acquisition to enforcement, and commercialisation. They litigate intellectual property matters and issues, including those for patents in South Africa. How to Patent an Idea It is important to note that in order to be patentable, an idea must be novel. This means that it […]
April 22 2020
Escape Clauses
It sometimes happens that a seller in a property transaction enters into a conditional agreement of sale with a purchaser and before the fulfilment of those conditions the seller wishes to accept a more favourable offer to purchase.
April 21 2020
Customary Marriages
There is a lot of uncertainties and inconsistencies regarding customary marriages in South Africa. The law around customary marriages continue to be developed on a case by case basis.
April 21 2020
Contact Rights to Children Broadened “Children Can Hope to See Parents”
When lockdown was initially imposed children were required to remain solely with one parent holding parental responsibilities and rights and to not travel between other co-holding responsible persons. These parental responsibilities and rights can extend to others, like guardians and caregivers if appointed as such by the Court.
April 17 2020
Negligence Claims Amid the Initiatives to Curb COVID-19 Crisis
In South Africa, the health sector (public and private) is a ‘famous’ Defendant in our courts as the government, hospitals and/or doctors are often sued for medical negligence by the members of the public
April 14 2020
COVID-19: ICASA processing applications for the assignment of emergency temporary spectrum licenses
The announcement of the National State of Disaster on 15 March 2020 has driven up the demand for ICT services and has essentialised the need for access to high-speed and affordable broadband internet.
April 14 2020
Covid-19 - its legislative effect on South Africa, with a focus on the IP industry
The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life. The full extent of this worldwide pandemic is yet to be seen, understood or experienced. Uncertainty is at the forefront of the thoughts of most people.
April 14 2020