The Legal 500

Legal Developments worldwide

• Harmonising Anti-Circumvention Protection with Copyright Law

  Technological measures are increasingly used by rightholders in order to protect their intellectual property rights in digital content. The effect of such measures is to restrict the access to and the use of digital content, by associating pre-defined and self-executing usage rules with it. Within an increasing number of legislations, technological measures enjoy legal protection against circumvention. However, these new rules have been subject to rather severe criticism, especially from a copyright law point of view, the general claim being that anti-circumvention protection threatens to ruin the delicate balance of interests cast in the provisions of copyright law.
  - Kluge Advokatfirma DA

• How to stop fraud before it happens

  Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures.
  - Bowman Gilfillan

• Consumer Protection Act and leases

  The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President.   Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.
  - Bowman Gilfillan

• The impact of competition law changes/developments on M&A activity

  The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application
  - Bowman Gilfillan

• Contributed tax capital: simplicity at last!

  By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). 
  - Bowman Gilfillan

• The Consumer Protection Bill – Changing the Face of Litigation and ‎Dispute Resolution

  The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature.
  - Bowman Gilfillan

• Deliberate manipulation of securities prices will invariably and inevitably be harshly ‎penalised

  Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board   case of Michael Berman vs the Financial Services Board .
  - Bowman Gilfillan

• Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou ‎Wewege

  It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds.
  - Bowman Gilfillan

• New Laws in the Pipe Line to Decisively Respond to the Challenge ‎of Climate Change

  New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change.
  - Bowman Gilfillan

• Big business beware – the class and derivative actions are coming!‎ by Carl Stein

  The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative.   This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.
  - Bowman Gilfillan