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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, [...]
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 [...]
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 [...]
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 [...]
Understatement penalties: what is a bona fide inadvertent error?
INTRODUCTION The Tax Administration Act No 28 of 2011 (TAA) introduced the understatement penalty regime with effect from 1 October 2012. Under this regime, penalties [...]
The LAC rules on the TES deeming provision
THE CLIENT BECOMES THE SOLE EMPLOYER WHEN THE DEEMING PROVISION KICKS IN INTRODUCTION In NUMSA v Assign Services & others, handed down on 10 July [...]
The validity of automatic termination clauses in contracts of employment
ISSUE(S) Whether the employee was unfairly dismissed after his appointment letter was automatically terminated because of a provision stating that his offer of employment was [...]
Holding onto land: the regulation of Agricultural Land Holdings Bill
INTRODUCTION During the 2016 State of the Nation Address, the president of the Republic of South Africa first announced that a Bill regulating the ownership [...]
And now for something completely different (or not?)
INTRODUCTION With effect from 1 June 2017 the Medicines and Related Substances Amendment Act No. 72 of 2008 ("the Amendment Act") came into force by [...]
