News & Insights
Financial Assistance in Relation to a Loan Facility
When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower’s immovable property in order to secure the debt. More often than not, the loan facility will require security in addition to the mortgage bond, typically in the form of a guarantee or surety given by […]
May 06 2020
Updated Guide: Worldwide Export Controls on Face Masks and Other Medical PPE
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other healthcare workers. A number of governments have imposed export controls on the export of a variety of medical (and industrial) PPE. In […]
May 05 2020
COVID-19 & Consumer Protection - Global Advertising in a Time of Crisis
Last week, members of the Global Advertising Lawyers Alliance presented a webinar, “COVID-19 & Consumer Protection — Global Advertising in a Time of Crisis,” which summarised some important coronavirus-related enforcement trends around the world. The webinar was presented by Donata Codone from Portolano Cavallo (Italy), Jose Antonio Arochi from Arochi & Lindner (Mexico), Jenny Pienaar from Adams & Adams (South Africa), Brinsley […]
May 05 2020
Arrest and Search and Seizure of Private Property
What Must Police Officials Consider in Order for Their Conduct to Be Lawful? Arrest is one of the lawful methods of securing the attendance of an accused person in court. It is also the most drastic method. S38 of the Criminal Procedure Act states that methods of securing attendance of an accused person include: arrest […]
May 05 2020
Teacher’s pet…hate
With day (who can remember) of lockdown arriving, your phone chirps excitedly, reporting “your homework” which has arrived for next week, ready to be downloaded and printed in advance. Yes, best to be prepared! The writer is sure that every parent out there will now be able to update their LinkedIn profile and more specifically […]
May 04 2020
Integrity as a Life-Long Commitment in the Legal Profession
“Integrity: The indispensable element – the Fundamental Principles Leading to Trust, Reputation, Fair Play, Reliability, Adherence to Proper Conduct, Standards, Values.” – James Thomas. Integrity is integral everywhere and, in every space, however, in the legal profession, it is a non – negotiable trait – one that the court needs to be satisfied with before […]
May 04 2020
Anti-Dissipation Interdicts in Counterfeit Goods Cases
There is nothing more frustrating to a trade mark proprietor than going through the effort of securing a judgment in a counterfeit goods case, only for the defendant to use every trick in the book to frustrate the collection of the judgment debt.
May 03 2020
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