South Africa: Intellectual Property

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

As celebrities like Taylor Swift, Luke Littler, and Matthew McConaughey increasingly turn to trade mark law to protect their voices, faces, and personal likenesses from AI-generated deepfakes, a critical question emerges: can trade mark registration truly safeguard personal identity in the age of generative AI? This article examines the legal strategies, commercial rationale, and inherent limitations of using trade mark law as a shield against unauthorized exploitation of celebrity personas.

This comprehensive legal update covers recent developments across South African law, from pharmaceutical naming regulations and copyright platform liability to VAT amendments affecting insurance and digital services. The collection explores emerging challenges in intellectual property protection, cryptocurrency regulation, and data brokering, while examining how AI and digital transformation are reshaping traditional legal frameworks.

A South African High Court ruling has revoked 16 registered designs for arched deck boards, finding that pre-registration commercial disclosures destroyed their novelty.

With just weeks to the beginning of the World Cup, that will be jointly hosted by the United States, Canada, and Mexico, the world will be focusing on the pitch. However, almost everything that makes this multibillion-dollar business remains invisible to people.

South Africa's agricultural sector presents significant commercial opportunities for horticultural businesses and farmers who breed or import plant varieties.

A South African High Court ruling has revoked 16 registered designs for arched deck boards, finding that pre-registration commercial disclosures destroyed their novelty.

Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c

IP valuation is a specialized field rooted in sustainability, illustrated by two interdependent trend lines: cash flow and sustainable growth. Following an IP valuation, principled negotiation techniques become essential for IP rights holders and entrepreneurs to successfully position value, growth, and sustainability when engaging with buyers or investors.

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c

AI tools represent a significant opportunity to protect, manage, and create value in know-how which traditionally has not been recorded in meetings. However, such use also raises serious concerns...