News & Insights
What are image rights and how are they protected in South Africa?
English rugby club Saracens’ relegation from Premiership Rugby for breaches of the salary cap is the big news in the world of sports law this year. Premiership Rugby’s £7m salary cap was breached by Saracens for three consecutive seasons and was fined £5.3m and docked 35 log points. Saracens will now play their rugby in […]
January 26 2020
The Future of Work and Skills for the Changing Nature of Work | A look at the Legal Profession
The future legal practitioner is required to augment his or her existing legal knowledge with various other skills, including an extensive understanding of the impact of technology.
January 22 2020
Altering Written Agreements Verbally - Don't just 'Shake On It'
A look at the ‘Parol Evidence’ Rule and its implications on verbal amendments to written agreements.
January 22 2020
Understanding Paternity Leave in South Africa
For some time, section 27 of the Basic Conditions Employment Act (“BCEA”) entitled employees to a minimum of four days of family responsibility leave in certain circumstances, for example, when an employee’s child is born. In terms of the recent amendments to the BCEA, the provision entitling an employee to family responsibility leave on the birth of an employee’s child has been repealed (leaving the remainder of section 27 intact).
January 19 2020
The School Uniform Investigation
We take a look at the intended effects of the Competition Commission’s investigation into the pricing of school uniforms and the subsequent agreements signed before the Competition Tribunal in 2019.
January 13 2020
But what about the kids?
When mom and dad decide to get a divorce, the effects on children are frequently often overlooked. What are the responsibilities of the parents and the divorce attorneys?
January 06 2020
Developments in Alcohol Advertising: How We Market Today, Will Determine If We Can Market Tomorrow
On the 28th of January 2020, the Association for Alcohol Responsibility and Education (Aware.org) launched the new Code of Commercial Communications (“new Code”). It replaces the previous Code of Commercial Communication of Aware.org’s predecessor, namely the Industry Association for Responsible Alcohol Use (ARA).
December 31 2019
Does WhatsApp Constitute a Binding Agreement
Can a WhatsApp message lead to a binding contract? Recently, the Supreme Court of Appeal (SCA) was asked to pronounce on whether a WhatsApp message, in which a man indicated he would pay each of his children R1 million if he won R20 million, gave rise to an enforceable contract.
December 06 2019
South Africa | A New Franchising Code is Imminent
Filling the gaps present in the Consumer Protection Act (CPA) 2008, the Franchising Association of South Africa’s (FASAs) will regulate the relationship between franchisors and franchisees going-forward.
November 24 2019
Functional Design Registrations | The Definitive Statement is King
A recent decision concerning a functional design registration registered in terms of the Designs Act 195 of 1993 was handed down by Acting Judge Millar in the High Court, Gauteng Division, Pretoria.
November 22 2019
“God Mode” Your IP | Exploring IP protection options for the gaming industry
Back in the day, young gamers used to immerse themselves in games such as Street Fighter, Super Mario, Cadillacs and Dinosaurs, and Tomohiro Nishikado’s Space Invaders. Nowadays, gamers battle it out in a game of FIFA, God of War, and Fortnite, in the hopes of becoming the next Kyle Giersdorf, winning $3 million in prize […]
November 19 2019
Annual events, annual accidents? What victims need to know
Often road accident victims, or their relatives, are unaware of what legal remedies are in place and those who do not know where to go or if their claims are valid.
November 04 2019
The legal pitfalls of offensive branding
Over the past year or so, a surprising number of international brand owners have come under fire for offensive marketing campaigns, products, and brand names. Kareema Shaik, Senior Associate at Adams & Adams, on drawing the line between interesting and offensive branding.
November 03 2019
Restoration and optimism dominate Africa IP Conversations
The 7th annual Adams & Adams Africa IP Network Meeting took place in Pretoria, South Africa recently, providing a unique opportunity for agents, practitioners and registrars from across the continent to share experiences, challenges, progress and learnings on intellectual property prosecution and litigation in their respective jurisdictions and regions. The meeting was overshadowed by the […]
September 24 2019
The Grocery Retail Sector Market Inquiry preliminary report on Exclusive Lease Agreements
On 30 October 2015 the Competition Commission established the Grocery Retail Sector Market Inquiry (the “Inquiry”) with the purpose to assess amongst others, the impact of long-term lease agreements entered between property developers and national supermarket chains. 4 years on, the Inquiry has published preliminary findings and recommendations. The Inquiry found that the existing features […]
July 23 2019
The Tiff over Teff | Traditional Knowledge
Recently, Mr Fitsum Arega, the Ethiopian Ambassador to the United States of America, tweeted news that the Court of The Hague had just handed down judgment in a matter in which two Dutch patents, concerning the processing of Teff, had been held to be invalid for lack of inventive step. His tweet continued “I hope […]
July 17 2019
Making a song and dance about Copyright in Choreography
Dance as a copyright-protected work came under the international spotlight over the last year in the USA.
June 26 2019