REVISITING THE LANDMARK JUDGEMENT OF DE V RH [2015] ZACC 18

Nicole
March 13, 2020
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In a matter before the Constitutional Court in 2015, before some of our most learned legal minds, the question of infidelity and the remedies available to an injured spouse was raised both as a constitutional matter as well as one of public import, therefore fulfilling the requirements vesting the Constitutional Court with the power to […]

HOW MUCH “WOOF” AND HOW MUCH “CLUCK” IS TOO MUCH “WOOF” AND TOO MUCH “CLUCK”? NAVIGATING BY-LAWS

Nicole
March 3, 2020
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Setting the scene: A land owner/land user, let us call him “X”, operates a backyard breeding facility (“the facility”) for cats and other exotic animals such parrots, fowls and chickens from within an estate, which estate borders other estates, and is located in a high density urban area. X’s neighbours have, for several months tolerated, […]

FAKE QUALIFICATIONS COULD LEAD TO JAIL TIME

Nicole
November 29, 2019
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Lying on your CV about your qualifications or placing fake qualifications on any social media platform may seem harmless in some instances, but it could be incredibly risky and dangerous in most industries and it may now lead to being convicted. A background screening and vetting company, Managed Integrity Evaluation (“MIE”), released a report which […]

The Importance of Having a Valid Patent

Nicole
September 18, 2019
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On 23 August, two award-winning IT developers, Thandile Jwambi and Tatolo Kutumane, reinstituted legal proceedings against Nedbank this time in the High Court in Johannesburg for allegedly infringing their patented card blocking system known as “ Instablock”. Instablock is a system that allows a customer to cancel his bank cards remotely from several different platforms, […]

A Matter of Taste

Nicole
July 19, 2019
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Although uncommon, non-conventional trade marks for scent and taste such as “the strong scent of bitter beer applied to flights for darts”, or the “taste of liquorice in relation to paper products” have been registered. Obtaining registrations for these marks is however not an easy feat as the marks must be capable of graphical representation and the proprietors must […]

Where There’s Smoke – It’s Probably Cannabis

Nicole
June 21, 2019
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On 18 September 2018 the Constitutional Court unanimously confirmed the Cape High Court judgment from 17 March 2017, effectively legalizing the use of cannabis by South African adults by declaring section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 and section 22A(9)(a)(i) of the Medicines and Related Substances Control Act 101 of […]

Copyright Amendment Bill – Protect or Destroy?

Nicole
May 10, 2019
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The Department of Trade and Industry has initiated the process of implementing an updated Copyright Bill in the hopes of protecting composers, musician, artists and authors. Ironically, it is widely claimed that the Bill will achieve the opposite of its intention. Copyright protects the expression of a work that has been reduced to a material […]

I’LL SKYPE YOU IN COURT

Nicole
March 29, 2019
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South Africa has around 30.81 million internet users and its internet penetration is at 54%, 1% higher than that of China, which has 800 million internet users! This means that per capita, South Africa has approximately the same number of internet users as the Asian giant. China has however recently opened its second Internet Court. […]

Removing restrictions against comparative advertising, is South Africa being left behind?

Nicole
February 19, 2019
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Comparative advertising can be defined as “an advertisement in which a particular product or service specifically mentions a competitor by name for the express purpose of showing why the competitor is inferior to the product naming it”, thus highlighting the advantages of goods or services offered by one proprietor over those of another proprietor. Some […]

Your bark may be worse than your bite – literally

Nicole
April 5, 2018
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It is so quick, easy and convenient to convey a message on social media platforms such as Facebook, Twitter, LinkedIn, Instagram etc. Despite the convenience and satisfaction of typing and then posting a rant, it is recommended to pause and consider the circumstances of these actions. The leading risk is potential defamation. Defamation according to […]

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