Legal Trends 2016

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Marketers, don't eat your words - food labelling, copyright and compliance with the ASA - Knowledge Resources
Marketers, don't eat your words - food labelling, copyright and compliance with the ASA

Do you know which legally compliant food labelling factors to keep in mind when developing and conceptualising trademarks, brand names and related content on packaging for foodstuffs?...

Issued by Knowledge Resources

Another SARS ruling on converting loans into equity
Another SARS ruling on converting loans into equity

The South African Revenue Service (SARS) has issued a Binding Private Ruling 213 (Ruling) on the issue of 'converting' loans into share capital...

By Ben Strauss

[BizTrends 2016] Trends in Competition Law in 2016
[BizTrends 2016] Trends in Competition Law in 2016

2016 is set to be an important year in competition law, both in South Africa and on the rest of the continent...

By Lucinda Verster

[BizTrends 2016] Trends in the African private equity space
[BizTrends 2016] Trends in the African private equity space

Private equity deals are growing in east and west Africa, with certain sectors seeing most action than others. Experienced African fund managers are in demand and it looks like it is going to be an exciting year for Private Equity in Africa. Here are some of the key trends we can expect to see in the in 2016...

By John Bellew

Namibia changes commercial legal requirements
Namibia changes commercial legal requirements

The Namibian Ministry of Industrialisation, Trade and SME Development has published revised merger thresholds for mandatory merger filings in Namibia...

© mreco99 – 123RF.com
De Beers tackles Asian firm over use of synthetic diamond patent

De Beers has launched legal action against IIa (pronounced two-a), a Singapore firm, alleging patent infringement in the making of synthetic diamonds...

By Allan Seccombe

© zakokor – 123RF.com
Courts will have to decide how to classify hashtag marks

Can the use of a trademark as a hashtag constitute trademark use? This was one of the questions that arose in the recent case of Eksouzian v Albanese in which the California Central District Court held that hashtags are 'merely descriptive devices, not trademarks'...

© badmanproduction – 123RF.com
US lawsuit turns up heat on VW

The decision by the US government to sue Volkswagen over the massive pollution-cheating scandal turned up the heat on the former paragon of German industry on Tuesday, 5 January, and fuelled speculation about how much the affair will finally cost the embattled auto giant...

©Allan Swart via 123RF
BEE investors sue Abil directors

African Bank Investments Limited's (Abil's) black economic empowerment (BEE) shareholders are suing directors of the failed company, as well as auditing firm Deloitte...

MTN confirms it will fight Nigerian fine
MTN confirms it will fight Nigerian fine

Africa's biggest mobile services provider MTN Group (MTN) has confirmed that it is planning to contest a R59bn fine imposed by the Nigerian Communications Commission (NCC)...

Draft Carbon Tax Bill up for comment
Draft Carbon Tax Bill up for comment

The Treasury has published the Draft Carbon Tax Bill for public comment by 15 December 2015...

By Graeme Palmer

Arbitrations and business rescue
Arbitrations and business rescue

The Companies Act states that no legal proceeding may be commenced or proceeded with in any forum against a company in business rescue, except with the written consent of the business rescue practitioner. However, the Act does not define the phrase 'legal proceeding'...

By Jonathan Witts-Hewinson and Fiorella Nor

Changes to existing Preferential Procurement Policy
Changes to existing Preferential Procurement Policy

The South African government is to change tendering laws drastically in early 2016. It has released its Draft Regulations outlining changes to the existing Preferential Procurement Policy Framework Act (PPPFA)...

Competition Commission ruling on telco deals
Competition Commission ruling on telco deals

The Competition Commission has conditionally approved the Vodacom/Neotel deal but prohibitive conditions in the MTN/Telkom deal resulted in its cancellation...

By George Miller

What to do in a dawn raid - part 3
What to do in a dawn raid - part 3

The investigators are allowed to ask for oral explanations arising from any documents which they have requested, e.g., an explanation of entries or codes on an invoice or spreadsheet...

By Rosalind Lake

What to do in a dawn raid - part 2
What to do in a dawn raid - part 2

Before the inspection begins and any documents are provided, find out as much as possible from the investigators about the investigation, its origins and focus...

By Rosalind Lake

What to do in a dawn raid - part 1
What to do in a dawn raid - part 1

The Competition Commission is empowered to make on the spot investigations and searches, typically referred to as dawn raids, at a company's premises with or without a search warrant, depending on the circumstances...

By Rosalind Lake

Validity of electronic contracts
Validity of electronic contracts

The United Nations Convention on the Use of Electronic Communications in International Contracts (New York, 2007) establishes the general principle that communications are not to be denied legal validity solely because they were made in electronic form...

By Nastascha van Vuuren

Bread cartel appeal causes rise for concern
Bread cartel appeal causes rise for concern

The Supreme Court of Appeal handed down its judgement relating to the action for damages instituted by a number of parties who regard themselves as having been injured by the cartel activity in the so-called 'bread cartel'.

By Petra Krusche and Irma-Dalene Gouws

Lawyers - Europlaw
Lawyers

Europlaw Group Incorporated, situated in South Africa and the United Kingdom, has in-house attorneys, lawyers, advocates, auditors, legal advisors, fund managers and accountants that offer a variety of services...

Issued by Europlaw

From left: Joy Summer, Philippa Marques, Tony Beamish and Carolyn Raphael
Webber Wentzel Legal Journalist of the Year Awards announced

The Webber Wentzel Legal Journalist of the Year Awards, founded in 1999, were announced on 4 November 2015. The awards acknowledge the important role that journalists play in promoting knowledge of the judiciary...

'Big chains keep blacks out of loop'
'Big chains keep blacks out of loop'

Controversial political party Agency for New Agenda is hauling South Africa's five major retailers to court for racial discrimination and is threatening to scupper a trillion-rand business deal.

By Nompumelelo Magwaza

Fashion police - protect your products, protect your brand
Fashion police - protect your products, protect your brand

In the clothing industry, various forms of mimicry from the confusingly similar logo applied to competing products, to the seemingly perfect copies, can dilute the distinctiveness of a brand...

By Thomas Schmidt

Who should run the courts?
Who should run the courts?

Lady Justice is supposed to be blind, but the wheels of justice still need to turn smoothly and she still needs to pay the bills...

By Nicci Botha

New generic codes in BBBEE clash with sector codes
New generic codes in BBBEE clash with sector codes

Several amendments to the Broad Based Black Economic Empowerment (BBBEE) Act and new "generic" Codes of Good Practice have been announced...

By Pieter Steyn

Photographer: Freddy Mavunda
Image source: Financial Mail
Lewis to return R67m to customers

Amid mounting pressure to root out bad credit practices, retailer Lewis Group says it will refund R67.1m to pensioners and self-employed customers for "mistakenly" selling them unemployment insurance...

By Zeenat Moorad

Do you own the copyright in your brand?
Do you own the copyright in your brand?

The ironic thing about copyright in logos is that the ownership resides with the person who created the work. This is so regardless of whether the logo was created by someone on commission or whether money was paid for the creation of the logo...

By Likonelo Magagula

Zimbabwe Mining and Tax Law Market Briefing 2015
Zimbabwe Mining and Tax Law Market Briefing 2015

A handful of industry experts will provide some much-needed insight into the current state of play of certain legal frameworks and policies in Zimbabwe...

Issued by African Influence Exchange

© maxicam – za.fotolia.com
Supreme Court clarifies concept of binding offer in business rescue

There have been a myriad of decisions on business rescue proceedings since the inception of the new Companies Act 71 of 2008. More recently, our courts have considered section 153(1)(b)(ii) of the Act which introduces the concept of a 'binding offer'...

By Nastascha van Vuuren and Reneilwe Maleka

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