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Functus officio - a principle that affects our daily lives

[Richard Marcus] One million tyres consumed monthly in South Africa will, as a result of the approval of the implementation of the REDISA Plan, now be recycled effectively and productively. The plan has been praised by international experts as best practice and may form the blueprint for future recycling plans in other waste streams.

Posted 14 days ago | Like
Five essential legal tips for tech companies

[Adrian Dommisse] Many businesses, especially in the technology sector, are started with the objective of selling them one day. Even if that isn't on the cards, it's a rare company that won't one day want outside investment to grow the business. Your task as a business owner will be immeasurably easier if you lay some basic legal groundwork early on.

Posted 9 months ago | Like
Conversion of a share block scheme into sectional title exemption from transfer duty

[Hugh Jackson] With effect from 1 January 2013, transfer duty is no longer payable in respect of a transaction contemplated in Item 8 of Schedule 1 to the Share Blocks Control Act, No 59 of 1980, whereby a right to, or interest in, the use of immovable property conferred by virtue of the ownership of a share in a share block company is converted to ownership of the immovable property concerned.

Posted 14 days ago | Like
Brand genocide

[Prof Owen Dean] A global war has broken out against smoking and tobacco products, instigated by the World Health Organisation. The war has now entered a new phase with Australia at the forefront. The South African government has indicated that it will soon take up arms and join them.

Posted 16 days ago | Like (1)
Safeguard against SARS penalties with a tax opinion

[Graeme Palmer] The South African Revenue Services (SARS) may raise understatement penalties if prejudice has been caused to them or the fiscus. Penalties can be imposed at 25% or 50% in the case of a "substantial understatement".

Posted 1 month ago | Like
New regulations for electric fences

[Nico Humphries] In the recent past there have been some pertinent changes associated with the regulations regarding requirements to be obtained in the event of the transfer of a property.

Posted 29 days ago | Like
Partition agreements to transfer jointly-owned land

[Dylan Bradford] Joint owners of a piece or pieces of land may want, or need, to redistribute the land among themselves and so become individual owners of a defined portion of that land (or of a sectional title unit) in their own names. This can be done in terms of Section 26 of the Deeds Registries Act and a partition agreement.

Posted 1 month ago | Like
Tax treatment of tips for recipients, employers and patrons

[Nicole Paulsen] The question regarding the tax implications in relation to the receipt of tips in the service industry (and other industries), has created much uncertainty over the past few years.

Posted 2 months ago | Like
Tribunal keeps commission's secrets safe

[Chris Charter] In an interlocutory matter concerning the Competition Commission's ongoing attempt to prosecute Telkom for alleged abuse of dominance in wholesale internet access, the Competition Tribunal has dealt with the extent to which a respondent should have access to the commission's internal reports and other information leading to a referral.

Posted 2 months ago | Like
The COMESA Competition law regime is born

[Chris Charter] The COMESA Competition Commission is intended to administer a supra-regional competition and consumer protection regime, and its sudden appearance on the scene in January 2013 is not without controversy.

Posted 2 months ago | Like
Rooibos: the name to defend

[Rowan Forster] Rooibos certainly does make the headlines. That soothing cup of tea that so many of us enjoy was big news a few years back when an American company announced that it had a US trade mark registration for the name Rooibos, and that it would be able to block South African exporters of rooibos tea from using the name in the US.

Posted 3 months ago | Like
Beating about the Rooibos

[Prof Owen Dean] It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark Rooibos, despite the fact that it is a well-known South African description for a particular plant which gives rise to Rooibos tea.

Posted 4 months ago | Like
Watches and Competition Law

[Alexis Apostolidis] I am obsessed with watches - there I have said it! Aside from their aesthetic characteristics, the subject matter of many design registrations, and their mechanical complications, subject to patent registrations covering minute repeaters, mechanical alarms, tourbillions, hydraulically powered movements and the like I didn't think watches could grab my interest any more than they do.

Posted 11 months ago | Like
An anthem to ignorance: The case of Nkosi Sikelel' iAfrika

[Prof Owen Dean] Articles dealing with Nkosi Sikelel' iAfrika and claims by various parties that they hold copyright in it and are entitled to claim, and have claimed, royalties for its use and public performance appeared over the weekend of 17 June, 2012, in City Press and Rapport, and possibly other newspapers. These articles claimed that, unlike enterprising third parties, the South African Government has missed out on vast sums of money by way of royalties for use of the song, such as at major international sports events.

Posted 12 months ago | Like
Trade marks going up in smoke

[Prof Owen Dean] The age old proverb says "there is no smoke without fire". The legislatures of several countries are about to turn this proverb on its head. The anti-smoking lobby has gained such strength in these countries that the firebrands of the anti-smoking lobby with their fiery rhetoric have moved governments to do their utmost to achieve the demise of smoking as a social practice.

Posted 1 year ago | Like
Media24 "predatory pricing" case referred to tribunal

[Chris Charter] The recent announcement by the Competition Commission that it will refer Media24 to the Competition Tribunal will be the first occasion that the commission has referred a predatory pricing case to the tribunal. This case will be watched with interest by practitioners, economists and any dominant firms that seek to price aggressively, or introduce "fighting brands" and "loss leaders" as part of their sales strategy.

Posted 1 year ago | Like
Conflict in provisions of the ASA code and advertising practice?

[Nick Altini] The advent of the Consumer Protection Act (CPA) 2008 heralds an era of legislated advertising standards. This stands in contrast to the position that had been in place up to 1 April 2011, when the CPA took full force and effect.

Posted 1 year ago | Like
Jackson estate collects US$310-million in two years

[Paddy Hartdegen] Michael Jackson's estate has generated $310-million in the two years since his death and this has managed to stave-off liquidators and allow US$30-million to be paid to his mother, children and numerous charities.

Posted 1 year ago | Like

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