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Molteno to take National Lottery to court
The Molteno Institute for Language and Literacy has announced that it is taking the National Lottery to court over the reversal of a decision to award R20 million per year to the non-governmental organisation (NGO). This comes as just last Friday, hundreds of people representing NGOs took part in a protest march accusing the National Lottery of unfair treatment. |
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Adams & Adams and Bowman Gilfillan merge Intellectual Property Law practices
Bowman Gilfillan and Adams & Adams have agreed in principle to merge Bowman Gilfillan’s intellectual property law practice with Adams & Adams on 1 March . This merger will enhance the position of Adams & Adams as the largest intellectual property law firm throughout Africa, and across the Southern Hemisphere. |
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Fraudulent transfers of immovable property and professional ethics
‘At a time when we’re having to take such difficult decisions about how to cut back without damaging the things that matter the most, we should strain every sinew to cut error, waste and fraud.’
David Cameron - Prime Minister of Britain |
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Author’s Rights - Celebration or Electric Shock
In the recent case between Rafael Vergara Hermosilla and The Cola-Cola Company, The Coca-Cola Company was accused of infringing copyright in a translation of a song used in promotions for the 2010 FIFA WORLD CUP. The United States Court of Appeals for the Eleventh Circuit held that it had a perfect defence because the copyright had been assigned to it as the result of an ordinary exchange of e-mails. Will the position be the same in South Africa? |
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Africa Update February 2012
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Who are South Africa’s green watchdogs?
The concise Oxford Dictionary defines GreenWashing as “the act of misleading consumers regarding the environmental practices of a company or the environmental benefits of a product or service”. |
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NXT\ Launches new Adams & Adams Website
South Africa’s leading full-service digital agency, NXT\ Digital Innovation, has completed yet another successful website launch. Commissioned by specialist intellectual property law firm, Adams & Adams, NXT\ assisted in the creative rationale and conceptualisation of the new website layout and design. |
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FRANKIES vs WOOLWORTHS: Ominous Storm in a Soda Cup
The ASA ruling of 1 February 2012, on a complaint lodged by soft drink producer Frankie’s Olde Soft Drink Company against retailer Woolworths (Pty) Ltd, should be of concern to lawyers, business people and consumers in South Africa alike. The ruling regrettably avoided established principles of law and of free market competition |
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Concern voiced over AG findings’
The findings of the Auditor General's annual government audit are “scandalous” and heads should roll, trade unions and the Democratic Alliance said on Tuesday. |
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To rescue or not to rescue, that is the question
With the introduction of the new Companies Act (“the new Act”), the phenomenon of business rescue has come to the fore. |
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Fraud in companies by directors and CEO's
The Supreme Court of Appeal (SCA) recently had to decide under which circumstances non-disclosure by two joint chief executive officers of a company of certain financial interests which they had, resulting in substantial profits being secured from such interests, should be disclosed to the board of the company on which they served. |
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A case of double sale
In the matter of Meridian Bay Restaurant (Pty) Ltd and Others v Mitchell, the Supreme Court of Appeal (SCA) recently had to decide on an appeal by a third party who had knowledge of the personal rights of prior purchasers of property in a sectional title development scheme, to which third party such property was sold by the sectional title developer contrary to the personal rights of the prior purchasers, in terms of a so-called ‘double sale’. |
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A case of chicken that's too spicy
In a recent decision of the Supreme Court of Appeal (SCA) the court decided that a supplier of goods cannot rely on a clause excluding liability for defects in the goods supplied, where the goods delivered were entirely different to the goods bargained for. In dealing with the element of wrongfulness, the SCA held that policy considerations may dictate that a manufacturer that caused pure economic loss by supplying a defective product to be held liable for such loss. |
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Botswana’s competition authority officially launched in Gaborone
Although Botswana adopted Competition legislation in 2009, some two years passed until October 2011, before regulations were passed in terms of the Act. The Minster of Trade and Industry, Ms Makgatho-Malesu will tomorrow officially launch the Competition Authority at its offices in Gaborone and also reveal the Authority’s logo, and it is expected that enforcement of the Act will commence in all earnest. |
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Aspen gets the sniffles after trade mark battle
In a judgment handed down on 22 December 2011, the North Gauteng High Court, Pretoria ordered the cancellation of generic pharmaceutical giant, Aspen Pharmacare's registered trade mark ANDOSEPT. The court's order will effectively prevent Aspen from continuing to sell its ANDOSEPT pharyngeal product. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
