By Ilse Du Plessis
, Karin Malherbe
The High Court has made it clear that it takes IP seriously, that English and South African IP decisions are very relevant, and that anyone alleging passing off will need to submit compelling evidence.
By Rowen Forster
This all suggests that company directors will be required to take a long-term and big-picture view of their IP assets, and the impacts that these assets might have on others.
By Ricardo Pillay
, St Elmo Wilken
Can a construction contractor automatically terminate its employees' contracts when skills are no longer required for a construction project?
By Qaqamba Moeletsi
Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration ("CCMA") should take care when making statements that may expose them to defamation claims.
By Waldo Steyn
"The Trump Organization also earns income by licensing the Trump name to building developers around the world." – BBC news site in an article entitled "What conflicts of interest could Donald Trump have?"
By Joanne van Harmelen
2016 has been a busy year for IP on the African continent, with developments in Liberia, the Cayman Islands, South Africa, Zambia and Namibia, among others.
By Kelle Gagné
It is a matter of time before you, as a market participant, are approached by large institutional derivative, securities lending or repo counterparties from the United Kingdom to sign up to the ISDA JMP . . .
By Chavern Ismail
The latest high-profile decision on shape trade marks, the Rubik's cube case, once again highlights the difficulties involved in seeking to protect product shapes through trade mark law.
By Jens Brodbeck
Following a round of public comments in relation to the Draft Notice, on 28 October 2016, SARS released a final version of the notice, setting out the documents required to be kept specifically for transfer pricing purposes.
By Clinton van Loggerenberg
, Dean Rose
On 23 September 2016, the South African Registrar of Securities Services announced the commencement of certain amendments to the JSE Debt Listings Requirements (the "DLRs").
By Sanjay Kassen
In terms of the Regulations, all parties to a "major B-BBEE transaction" are required to register the transaction with the B-BBEE Commission.
By Hannelie la Grange
The CRS require the trustees to identify the settlor, beneficiaries and other natural persons exercising ultimate effective control and report the necessary financial information to the relevant foreign revenue authority.
By Celia Becker
ECOWAS, the Nigeria Federal Inland Revenue Service and the World Bank Group co-hosted the first Transfer Pricing Regional Meeting for ECOWAS member states in Abuja, Nigeria from 11 to 13 October 2016.
By Willem Le Roux
, Pieter Colyn
, Celeste Coles
, Warren Hendricks
, Gerhardt Ehlers
, Tyla Foster
ENSafrica's MOHS department recently represented AngloGold Ashanti Limited in a South African Labour Court case, which has culminated in a judgment that sets out important legal principles and requirements.
By Annalie Pinch
In this case, SARS relied on section 103(2) to disallow the set off of ABC (Pty) Ltd's ("ABC's") assessed loss against income derived by ABC in respect of its 2005 to 2008 years of assessment.