Legal News

Below are some of our latest Legal News Articles:

How to conclude business contracts?
Business revolves around transactions following from contractual relationships. Such contracts can be concluded in a number of ways, namely verbally, or in writing and typing on paper, communication over the internet, exchanges of faxes, or only by way of conduct without any spoken or written words. Read more >

What the CPA means for Franchises
The new Consumer Protection Act (CPA) came into force on April 1 and applies to all transactions in which goods or services are supplied – where the “consumer” is a person, close corporation, company or other type of recognised legal entity with an annual turnover or asset value under R3-million. Read more >

How to select a “good” trade mark
Whenever starting a new venture or launching a new product, especially if such a new service or product will compete with similar existing products or services in trade, a new trade mark (“brand”) must be selected to distinguish the new product or service in the relevant market. Read more >

10 Ways to Protect Your Business Online
The internet has opened a new era of business opportunities. Many online businesses involve less staff, lower overheads and have no lease agreement. It is therefore reasonable to assume that to start a business online should be more affordable than to start a business offline. For this reason, some businesses start-out as online businesses and progress to physical premises later. It is perhaps not correct to distinguish between online and an offline businesses, as the internet is a tool used in business, whether online or offline. It is fair to say that business, regardless of what nature, is likely to benefit from an online presence on the internet. Read more >

Orange vs Orangeworks – Judgement received
De Kock Attorneys recently represented Account Works Software (Pty) Limited t/a ORANGEWORKS, a young South African company selling accounting software, in a “David and Goliath” battle against Orange Personal Communication Services Limited. Read more >

Ek sing – maar is my naam veilig?
In ‘n onderhoud het Emmie de Kock, van De Kock Prokureurs, die volgende gesê: “As ek aan intellektuele goedereg beskerming dink, dink ek soms aan Collective Soul se toespaslike lirieke van ‘n paar jaar gelede ‘precious declaration reads, what’s yours is yours and what’s mine, you leave alone’. Read more >

Protection of personal information in South Africa
Whether you use the internet to network or trade, you are likely to be requested to provide some personal data at some point. Collection of personal data in electronic format is made easy by computers and cell phones alike, and vast volumes of data can easily be sent or stored for unlimited periods. Read more >

Advertising your trade mark
Once your trade mark searches have been conducted and the results are positive, you can immediately start using your trade marks. Due to the function of trade marks, trade marks are primarily used in advertising materials. Use of trade marks in advertising materials can certainly strengthen the exclusive rights in the mark, as it can acquire reputation through extensive use. Read more >

Company names versus trade marks: Effect of the Companies Bill.
You have successfully registered your new company name. The logo, domain name, website, letterhead and office signage followed. Then, just when you think your marketing efforts should start paying off, you receive a letter from the owner of a trade mark similar to your company name, demanding that you cease trading under that name. This article is about how to avoid such a situation. Read more >

Make the Competition Act work for you.
Over the past few months the Competition Commission has made media headlines with its enquiries into 1) competition in certain aspects of banking, 2) alleged anticompetitive behaviour in the milk industry and 3) the alleged abuse by Senwes Limited of its dominant position in the market for the handling and storage of grain. Read more >

Protection for Indigenous Knowledge Systems.
South Africa is a country with rich and diverse cultures, histories and belief systems. Indigenous knowledge derives from the practices and ceremonies of South Africa’s indigenous people relating to inter alia culture, arts and music, religion, agriculture, justice, governance and health practices. Read more >

How to protect your name
Starting and growing a new business is very exciting. However, to be interrupted by legal conflicts in the process is very costly and inconvenient. At the inception of a business, many entrepreneurs decide to start trading, without conducting available checks on trading names and registering their intellectual property rights, just to learn later that it may not be possible to obtain exclusive rights in their names and inventions anymore, or worse, that they are infringing on an unknown party’s rights. Read more >

Anton Piller order served on Verizon. Law South Africa.
It was reported on Thursday, 31 August 2006 that an “Anton Piller order” had been served on Verizon Business by Dimension Data (trading through Internet Solutions). Read more >

Data Protection in South Africa.
The issue of data protection on the Internet raises new international legal challenges. With the development of e-commerce, an increased need developed to exchange personal information. Read more >

The Right to Access to Information.
South Africa became a democracy in 1994. An interim Constitution was drafted and became in operation on 27 April 1994. The Constitution of the Republic of South Africa 200 of 1993 (hereafter referred to as the “1993 Constitution”) recognised the right to access to information as a fundamental right. Read more >

Bafana Bafana: who owns the nickname of the South African soccer team?
This article was first published in the June 2003 edition of the South African Attorneys´ Journal, De Rebus, and is published here with permission. In the recent judgment of South African Football Association v Stanton Woodrush (Pty) Ltd and the Registrar of Trade Marks (as yet unreported), the Supreme Court of Appeal dismissed a claim by the South African Football Association (“SAFA”) that it owns the trade mark BAFANA BAFANA in relation to clothing. Read more >

Improved protection for South African geographical indications
The protection of geographical indications remains a controversial issue, as strong opposing views exist regarding the extent of protection which should be granted. This issue relates to the protection of names of particular food products, wines and spirits associated with specific geographical places. Read more >

 

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