ENSafrica Webinar | How POPIA Affects Your IP (Video)

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.

In July 2023, three independent designers filed a lawsuit in California against Shein, the popular online fashion retailer. They allege that Shein sold exact copies of their work which infringes their copyright...

As a millennial, it took me a while to embrace the Tiktok trend and ‘get with the Gen Z program'. In between billable work one evening, I found myself scrolling on the app...

In the late 1990s a tussle over Rolls‑Royce played out between Volkswagen ("VW") and BMW. While Volkswagen paid more for the carmaker, it was BMW who ended up with the brand.

In today's digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs.

The vibration that signals an incoming message or confirms a payment is a small part of our smartphone experience. Yet the technology responsible for that response was recently at the centre of a US$5.7 billion patent verdict against Apple, demonstrating the commercial significance of inventions embedded within a much larger product.

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.

Mines often believe that stackers, reclaimers, and shiploaders can only be serviced by the original equipment manufacturer (“OEM”) because of associated intellectual property (“IP”) rights. The matter is further complicated when the OEM's IP changes hands. Mines may then have competing claims