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Nando’s vs Fernando’s
Nando's Chicken Limited is the proprietor of at least thirty nine UK trade marks and recently served a letter of demand on Fernando's restaurant which is [...]
Cryptocurrencies and tax
The advent of cryptocurrencies, and in particular the substantial gains that are associated with investments in cryptocurrencies, caught the attention and interest of the world – [...]
Adidas and the stripes
By: Donvay Wegierski, Director In 2015, Adidas successfully opposed the registration of two EU marks comprising two stripes belonging to Shoe Branding Europe marks on the basis [...]
Gucci is well-known in singapore
By: Donvay Wegiersk, Director A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to [...]
Olympic games: exclusivity and revenue
By: Donvay Wegierski, Director The protection of the Olympic Symbol, and its torch, flag and anthem is extremely important. According to the Nairobi Treaty on the Protection [...]
Copyright: blurred lines effect?
On 21 March 2018, Robin Thicke and Pharrell lost their appeal against Marvin Gaye's estate in relation to their hit song "Blurred Lines". The majority of [...]
#METOOZA – sexual harassment in the workplace in South Africa
Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities [...]
Budget proposal to provide much needed clarity to managers and unit holders of Collective Investment Schemes
The taxation of collective investment schemes ("CIS") and their participatory interest holders is governed by sections 25BA and 10(1)(iB) of the Income Tax Act, No 58 [...]
The International Arbitration Act spells opportunity for South Africa
With the coming into operation of the International Arbitration Act[1] ("Act") on 20 December 2017, South Africa for the first time has a dedicated statute governing [...]
The fascinating tango of interest and forex rates on large claims where set-off occurs: a case study
Imagine the following scenario, the parties have litigated, and they are awarded the following claims: Party A is awarded: US$5 000 000,00 together with applicable interest [...]
Memorandum of understanding concluded between the Broad Based Black Economic Empowerment (“BBBEE”) Commission and the Competition Commission – the increasingly important interface between BBBEE and Competition Law
) The Competition Commission investigates certain mergers and anticompetitive practices including cartel conduct (for example price fixing, collusive tendering and market division between competitors) and abuses [...]
Use it or you may lose it
INTRODUCTION In Legalwerks September 2017, the top ten reasons to register trade marks were discussed, https://werksmans.com/legal-briefs-view/top-ten-reasons-to-register-your-trade-marks/. On payment of renewal fees when due a further benefit [...]
FAQ – opportunities for investors arising from the South African business rescue process
INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed [...]
2018/2019 budget proposals – Tax overview
By: The Werksmans Tax Team INTRODUCTION Despite it being widely expected that this year's Budget would add to the ever-increasing burden of South African taxpayers, the [...]
STATE OF THE NATION ADDRESS
The National Land Audit has recently been made public. This report was primarily phase 2 of a Land Audit that was conducted in 2011. Whilst it [...]
Automatically unfair dismissals
ISSUE IN DISPUTE If an employee does not adhere to the dress code in the workplace because of his religion, culture or gender and is then [...]
The Protection from Harassment Act 17 of 2011
The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act [...]
Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case
On 23 January 2018, the Commission issued final findings against SAB & T BEE Services (Pty) Ltd ("SAB&T") and Ms Shameema Ismail ("Ismail"). This is the [...]
Parental leave – a pending new entitlement as a minimum term of employment
Currently, South African employment laws provide minimum entitlements to specified leave types for all employees, such as annual leave, sick leave, family responsibility leave, and unpaid [...]
Can TWiT.tv prevent Twitter from expanding its business? The dangers of co-existence agreements
VS An interesting spat is on the brew between TWiT.tv and Twitter. Most of us are aware of the Twitter service being a text-based micro-blogging service, [...]
You, robot
Science fiction – love it or hate it. However, the allegory presented by science fiction directs our thinking in a particular way in circumstances where that [...]
The use of alcohol in the workplace
An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence by [...]
Financial Provisioning Regulations, 2017
On 20 November 2015, the National Environmental Management Act No. 107 of 1998 ("NEMA") "Financial Provisioning Regulations, 2015" GNR1147 GG 39425 ("2015 Regulations") were promulgated, resulting in a [...]
Informal restructuring or business rescue
Business rescue proceedings are formal legislated proceedings, under Chapter 6 of the South African Companies Act 71 of 2008 ("The Companies Act"), that are aimed at [...]
Application of the participation exemption to the disposal of shares by a controlled foreign company
INTRODUCTION The participation exemption provides a useful and simple tax planning tool which should always be considered when dealing with cross-border merger and acquisition transactions [...]
