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  • Article

    A Small Cup Of Copyright

    The recent South African case of Nestle Nespresso S.A. v Secret River Trading cc t/a Caffeluxe Distributors (Western Cape High Court, Judge Davis, 5 October 2015) dealt with the unusual issue of copyright in a coffee machine.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Fight As A Soldier, Not A Guerrilla

    What exactly is unlawful competition? Unlawful competition is often lumped together with IP, and indeed there are obvious links: the common law action of passing off
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Stop WINEing - CANTO vs CANTI

Casadobe owns a boutique wine estate called CANTO in Durbanvillle wine valley, Western Cape. Fratelli (an Italian company) is the registered proprietor of the South African...
South AfricaIntellectual Property
ENS
ENS
  • Article

    The Swiss Army Knife And Multi-Purpose IP

    A recent court decision involving the Swiss Army knife gives an interesting insight into some of the intellectual property (IP) rights that a product can enjoy.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    University Wins Domain Name Case

    A South African university has successfully objected to a domain name that incorporates the university's nickname.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Amendment Of Pleadings And Prescription: When Changing Your Legal Basis Comes Too Late

    A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Amendments To The High Court And Magistrates Court Rules

    The Rules Board for Courts of Law, with the approval of the Department of Justice and Constitutional Development, have published amendments in the Government Gazette relating to the Rules...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Cancellation Of Agreement For Software Licences: Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd

    In March 2020, Oracle Corporation (South Africa) (Pty) Ltd ("Oracle") assessed the Ekurhuleni Metropolitan Municipality's ("Municipality") information system and advised that it needed an infrastructure upgrade.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Commentary On Pretoria High Court Judgment Declaring The Lock-down Regulations Invalid

    On 2 June 2020, Judge Norman Davis handed down judgment in Reyno Dawid De Beer and Another v the Minister of Cooperative Governance and Traditional Affairs, declaring the regulations promulgated in terms of section 27(2) ...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Constitutional Court Opens Door To Alternative Methods Of Compensation

    The South African Constitutional Court recently handed down a landmark judgment, ruling that damages may be allowed to be paid by methods alternative to monetary compensation.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Culpability For Stadium Disasters

    The incident that saw two fans crushed to death at South African Breweries' flagship Carling Black Label Cup on 30 July 2016 is a tragic case of déjà vu for those that recall the infamous Ellis Park...
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Determination Of Application To Set Aside Zondo Commission Subpoena Delayed

    The Gauteng Division of the High Court of South Africa in Pretoria postponed an application to set aside a subpoena that was issued by the Judicial Commission of Inquiry into Allegations of State Capture, ...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Determining If An Agreement Of Sale Is Binding In Certain Circumstances A Discussion Of A Recent Case

    In the case of Terry and Another v Solfafa and Others (2263/2019) [2019] ZAFSHC 143 (29 August 2019) the applicants requested that the court order that a property they purchased be transferred into their name.
    South AfricaLitigation, Mediation & Arbitration
    Dykes Van Heerden Inc
    Dykes Van Heerden Inc
  • Article

    Evolving Notion Of Mores Leads To Further Development Of South African Common Law

    On 24 November 2017, the Supreme Court of Appeal ("SCA") ruled in favour of granting a loss of support claim to an aunt of the deceased.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Landmark Judgment Against The Road Accident Fund

    On 22 June 2020, the Supreme Court of Appeal not only delivered an interesting judgement for the legal fraternity but brought a widow one step closer to finally realising justice after 10 years.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Law Reform Being Driven By Litigation Funders?

    Having been a part of the litigation landscape for less than a decade, the full impact of litigation funding companies is yet to be determined.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Rule 42(1)(b): Ambiguities, Errors And Omissions In Court Orders Or Judgments

    There are instances where a court order or judgment contains mistakes, ambiguities, or omissions which the court must correct or clarify to the litigants.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    The Application Of The Precautionary Principle In The Approval Of GMOs

    In African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others, the Supreme Court of Appeal ("the SCA") set aside an issued permit to conduct activities...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Detrimental Effect Of Failing To Satisfy The Threshold For Applications For Special Leave To Appeal

    This article examines a recent judgment delivered by South Africa's Supreme Court of Appeal ("SCA") in which the SCA decided upon an unopposed application for special leave to appeal against the judgment and order...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Importance Of Correctly Following Customary Law Procedures

    The Eastern Cape High Court's judgment in Tshali v Nandi and Others highlighted a significant and recurring issue within many African communities namely the appointment...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Showing 221–240 of 638 results

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