News
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 On 6 June 2011, the Board of the Performers Organisation of South Africa Trust (POSA) presented a petition to the office of the Minister of Trade and Industry, requesting an amendment to legislation which will allow unpaid needltime royalties to be paid out to recording artists and record companies. |
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 Coldplay’s latest single, “Every Teardrop Is A Waterfall” had been released for only hours, if not minutes, when accusations of plagiarism surfaced from all corners. It only takes listening to the first few seconds of the new Coldplay song to recognise the striking similarity between it and the opening melody of the piano riff of the 1976 song performed by Peter Allan, “I Go To Rio”. |
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During 2006, Adams & Adams identified that their use of paper and paper files, and manual labour intensive procedures were being challenged by the ever-evolving post Y2K business world. The firm’s in-house IT professionals were charged with sourcing a document and collaboration system to improve the manner in which the firm would manage documents and ensure a saving in time and money. |
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The new .xxx Top Level Domain (“TLD”) registration will open during September 2011. This will be a new domain name space specifically aimed at operators in the adult/porn industry. Websites containing pornographic material can be easily identified by their Internet address ending in .xxx. |
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 The Minister of Health has proposed an amendment to the Regulations published in terms of the Foodstuffs, Cosmetics & Disinfectants Act of 1972 which will make it a requirement that certain soft drinks containing more than 150mg per litre of caffeine bear labelling warning the public of the high caffeine content and stating that the products are not recommended for children under twelve years of age, pregnant women and persons sensitive to caffeine. The warning will also be required to state that the products are not to be consumed as a mixture with alcoholic beverages. |
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The Consumer Protection Act, 68 of 2008 (the “CPA”), came into effect on 31 March 2011 and is likely to have certain far-reaching implications for the promoters of promotional competitions, especially competitions which are conducted using SMS or MMS technology. |
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Until recently, name objections to company and close corporation names were governed by Section 45 of the Companies Act 61 of 1973 and Section 20 of the Close Corporations Act 69 of 1984 respectively. A name objection was lodged on the basis that the name was undesirable and/or calculated to cause damage to the objector, within one year of entity’s incorporation with the Registrar of Companies or Close Corporations, or within two years of the entity’s incorporation with the High Court. |
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 The case of Groupe LFE (SA) (Pty) Limited v Swartland Winery Limited (467/2009) turned on whether “Swartland” is the name of a wine growing area in the Western Cape, a trade mark under which the Respondent sells its wine (grown in the same area), or, surprisingly, both. |
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Introduction Constructing a fortress when the wolf is amidst is not only futile but also denies one the opportunity to engage in meaningful damage control. This article invites firms and participants in collusive and anti-competitive conduct to stop walking with their eyes wide shut and carefully consider the unforeseen consequences of that “informal gathering” with old friends and colleagues in the industry last summer at which a specific project or tender was discussed. |
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Suspensive conditions render the operation and consequences of an agreement subject to the occurrence or not, of an uncertain future event. A suspensive condition can only be waived before the period to fulfil the condition has lapsed. If the period has elapsed without the conditions being fulfilled, there will be no contract in place and nothing to waive. The Supreme Court of Appeal’s judgement in Pangbourne Properties Ltd v Basinview Properties (Pty) Ltd [2011] ZASCA 20 (17 March 2011) has confirmed these provisions. |
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The Consumer Protection Act (CPA) came into effect last month. It prescribes how prices for goods must be displayed. However, it seems that some retailers are not yet aware of those provisions or complying with them. The CPA prohibits a retailer from displaying goods for sale, unless the price for those goods is displayed at the same time. This can be done by displaying the price directly on the goods or their labels or packaging, among other things. The price can also be fixed to the shelf on which the goods are displayed. |
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 Adams & Adams has recently added a number of awards to its already impressive hoard of accolades. These include the InterContinental Finance Magazine Legal Award for the Law Firm of the Year in the Life Sciences category; the South African Patent & Trade Mark Law Firm of the Year in the DealMakers Global 2011 Awards; The Lawyers World Law Awards 2011; the Top Gender Empowered Company in the Professional Support Services category in the Top Women in Business and Government Awards; also judged as one of South Africa’s top empowered companies by the Impumelelo Research Department, in conjunction with the University of Cape Town, and adjudicated by Topco Media; and was judged a Finalist in the prestigious Metropolitan Oliver Empowerment Awards. |
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Law firm Adams & Adams is delighted and proud to reveal that we have recently been verified as a level 4 Broad Based Black Economic Empowerment concern by the verification agency, National Empowerment Rating Agency (NERA). |
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11 February 2011 marked an auspicious day for Adams & Adams: the introduction of clients to the law firm’s new premises at Lynnwood Bridge in Pretoria. Adams & Adams also took advantage of the opportunity to launch its new corporate identity. |
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Adams & Adams has recently added a number of awards to its already impressive hoard of accolades. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
