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  • Article

    John Lewis, Excitable Edgar, Fred The Fire-Sneezing Dragon And… Some Copyright Basics

    "The dragon is a creature of myth, dating back to ancient times and found in cultures across the world". This is the opening line of the recent UK IP judgment Fay Evans v PLC and DBB UK.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    News Platform Takedowns vs. Formal Legal Proceedings: A Practical Guide For Rights Holders In The Digital Age

    Digital platforms have transformed how intellectual property rights are enforced online, but when should rights holders rely on internal takedown systems versus formal court proceedings?
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    The Must Know Principles Of Copyright Protection In Significant African Territories

    For a continent so rich in culture, music and creative works, surprisingly little is published about copyright law on the African continent, outside of South Africa.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Al Dra ʼN Aap ʼN Goue Ring / The Devil Wears PRADA 2

    Het jy al ooit gewonder wie betaal vir wie wanneer persoonlike regte, handelsmerke en kopiereg in ʼn film so vervleg raak dat geen mens meer weet wat aangaan nie.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Apple - Sharing The Fruits Of Success

    All things Apple, such as the iPad, iPhone, and iPod, are seen by many in the Western world as ‘hip’ and glamorous.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Protecting Well-Known Rights In The Absence Of Deception And Confusion.

    Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit...
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Springboarding A Business: Unlawful Competition, Not Entrepreneurship

    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.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    5 Simple Steps To Starting A Business In South Africa

    You have this amazing idea, you know how to execute it, and you already have potential customers, so what is next?
    South AfricaIntellectual Property
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Broadcast Or A Film... It's A Photo-Finish!

    In South Africa, copyright judgments are few and far between, especially judgments of the Supreme Court of Appeal ("SCA").
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    A Simple Understanding Of Counterfeit Law In South Africa

    Eradicating counterfeit goods in the South African market is essential to its economy.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    An Intellectual Property "Starter Kit" For Startups

    Intellectual capital, intellectual property, trade marks, company names, domain names, clearance searches, licensing, patents, designs, trade secrets, copyright …
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Artificial Intelligence And IP – Who Owns The Copyright

    If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own those rights?
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    IP Protection For Fragrances

    There’s an interesting debate going on as to what, if any, legal protection fragrances should enjoy.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Legal Battle Between Shein And Temu Over Copyright Infringement

    Fast fashion giant Shein has accused its rival, Temu, of a host of intellectual property infringements including copyright infringement, trade mark infringement
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Music, Politics And The Law

    In September 2014, Eight-Mile Style, the publisher of Eminem's "lose yourself" song filed legal proceedings against New Zealand's National party, claiming copyright infringement of Eminem's Grammy...
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    Respecting The Lens, Part 2: Why "I Didn't Know I Needed Permission" Is Not A Copyright Defence

    A recent High Court judgment clarifies a critical misconception in copyright law: believing you have permission to use protected work is not the same as believing no copyright exists. This distinction has significant implications for businesses that routinely download and use photographs found online, assuming they are free to use simply because they are widely accessible.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    What Constitutes Copyright In South Africa And How Can It Be Protected?

    The owner of copyright in a work is by statute given the exclusive right to perform certain specified acts in respect of his or her work or to authorise others to do so and hence to prevent unauthorised persons from performing those acts.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    "Control" And Computer Programs – Who Owns The Copyright?

    On 1 April 2020, the SCA granted an appeal against an order of Acting Justice Kose in the Cape Town High Court in favour of The Agricultural Research Council (Bergh and Others v The Agricultural Research Council).
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Copying Music: A Stairway To The Court Room

    Two recent high-profile cases involving popular songs have placed the spotlight on copyright issues.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Copyright: Sheeran, Botticelli And Truss

    In this article, we'll discuss three copyright-related stories that have made headlines and contain some interesting lessons.
    South AfricaIntellectual Property
    ENS
    ENS
  • Showing 301–320 of 403 results

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