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Shapes can speak a thousand words
The London Taxi Company has had its UK trade mark registration of the shape of its black cab declared invalid and its claims of trade mark [...]
Ratepayers association tackles the Shebeen regulations
INTRODUCTION On 1 November 2017 the Gauteng High Court, Johannesburg found in favour of the Yeoville Bellevue Ratepayers' Association ("the Association") by declaring the Gauteng [...]
Coal for Christmas – Diener N.O. v Minister of Justice and others
It is that magical time of the year where images are abound of Christmas trees, fairy lights, delicious pudding, family gatherings and all things warm and [...]
Trade marks TCP vs 3CP
The owner of the TCP mark has won its fight to stop the use of the confusingly similar 3CP mark by Tritof Enterprises (“Tritof”) in relation [...]
Public interest considerations, employment and temporary employment services
INTRODUCTION The effect of a merger on employment is one of the four public interest considerations which must be deliberated on by the Competition Commission [...]
Tools of the trade – do you understand how to navigate through a dawn raid?
The Competition Commission ("Commission") has conducted a significant number of dawn raids during this year alone. From the beginning of 2017, the Commission has raided 47 companies [...]
You have to say something as with data disappearing, your embarrassment will not
by Ahmore Burger-Smidt, Head of Data Privacy Practice The Protection of Personal Information Act, Act 4 of 2013 ("POPIA") addresses, amongst others, poor information control and security. Therefore, [...]
Know the pages you will be judged against
by Ahmore Burger-Smidt, Head of Data Privacy Practice The Protection of Personal Information Act, Act 4 of 2013 ("POPIA") establishes a framework of rights and duties which [...]
Tax court resolves age-old problem
INTRODUCTION For as long as anyone can remember, a tension has existed between the rules relating to the valuation of closing stock or inventory for [...]
Recent high court case clarifies fronting practices
INTRODUCTION In the recent High Court case involving the Passenger Rail Agency of South Africa (PRASA) and Swifambo Rail Agency Proprietary Limited, Judge Francis set [...]
Contentious draft Tax amendments: recent developments
Two of this year's draft tax amendments are extremely contentious. These are the draft amendments in relation to: share buybacks; and the characterisation of offshore companies [...]
Exporters to China remain positive as new balance comes out tops in trade mark tussle
American multinational New Balance has recently been awarded the highest amount in damages to a foreign entity in trade mark infringement proceedings in China in a [...]
Cleaning house
In the recent judgment of Jordaan and Others v City of Tshwane Metropolitan Municipality and Others[1] the Constitutional Court provided clarity regarding section 118(3) of the [...]
Are trade mark clearance searches necessary?
INTRODUCTION We are asked by clients on regular occasions whether there is a need to conduct searches of the trade marks registry before filing trade [...]
Higher qualifications not an automatic reason validating differential pay between employees
ISSUE Whether the employer had unfairly discriminated against farm‑supervisors by grading and paying them less than farm‑foremen who performed the same work but who had [...]
Dismissal for poor work performance: the importance of setting realistic targets and providing assistance in the achievement of such targets
ISSUE(S) The importance of setting realistic targets for employees and providing the employees with resources to reach such targets. SUMMARY COURT'S DECISION [...]
IP transactions and exchange control
In March 2017 the South African Reserve Bank (SARB) proposed certain new exemptions relating to the sale and licensing of Intellectual Property (IP) from South African [...]
The Protected Disclosures Amendment Act, No 5 of 2017
On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 of 2017 ("Amendment Act"). The Amendment [...]
The pitfalls of resignation
ISSUE If an employee resigns, then decides to retract her resignation but her employer refuses to allow her to do so, has the employer, in [...]
Enforceability of medical testing as a clause in an employment contract
Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can rely on a clause in an [...]
Common shareholding and cross-directorship – a competitive conundrum when investing
"VICTORY IS BY NATURE INSOLENT AND HAUGHTY" Cicero The South African economic landscape undoubtedly reflects concentrated ownership structures. An economy with this prevailing ownership model, [...]
To credit is to pay
Although common in practice, and especially between group companies, not much judicial thought has previously been given to the tax effect of crediting an inter-company loan [...]
Domestic violence: a sad South African reality
The plight of violence against women in our country has been given much media attention in recent times, especially during Women's month, in August. The media [...]
Top ten reasons to register your trade marks
The significance of registering trade marks should never be underestimated by any business with countless reasons as to why you should do so. In this article [...]
Broad-Based Black Economic Empowerment Commission announces investigations of trusts used in B-BBEE ownership structures
INTRODUCTION On 7 August 2017, the B-BBEE Commission announced that it had initiated 17 investigations for possible contraventions of the Broad-Based Black Economic Empowerment Act [...]
