23 Apr 2013

Legal



What's Kookin'?

British band The Kooks were cookin' in Cape Town and Joburg last weekend, all part of the latest #5GumExperience - a brand activation that had fans fighting servere cases of FOMO in their efforts to win tickets. Ruth Cooper travelled to the secret location in Cape Town, a film studio warehouse in Salt River, for a Flippin' Kooky night.

While being in a band like The Kooks must seem like all play and no work, there's always some ground work to be covered to make sure your IP rights are covered. Phillip Haupt, a trademark attorney at law firm Adams & Adams, explains how "most up-and-coming artists/bands do not appreciate the value of their names and images," and how to remedy this by simply registering these as trademarks.

Nope, turns out it's not all drugs, sex and rock 'n' roll...

Love a good history fix? Do you find really, really old ships deeply fascinating? If you're in Cape Town, make your way down to Quay 6 at the Waterfront; you are in for a treat! The 92-year-old Sedov will be docked in the harbour until this Wednesday, 24 April - the last time she was here was in 1936, that's 77 years ago!

On a green note, do you and your company have a recycling progamme in place? No? Well there's no time like the present; this week is Green Office Week. Dorota Boltman, divisional director of Rainbow Paper Management, explains the negative effects of industrialised paper on the environment, how recycling could benefit a business, and small steps to implementing a recycling strategy at the office.

Have a gloriously green week!

Sindy Peters, Group Head: Content

Submit your company news to legalnews@bizcommunity.com. Exclusive contributions may be sent to contributors-legal@bizcommunity.com.

Top stories

Mislabelling of meat products - just distasteful? Or criminal?
[Altair Richards & Mandi Krebs] Food labelling has been in the spotlight following the European horse-meat scandal and the findings of a recent study by the University of Stellenbosch where undeclared ingredients were found in a number of meat products in South Africa. Read more >>


Editorial news

Legal
Personal liability claims during rugby season
With rugby season in full swing, those families that have members who participate in this high contact sport - from amateur school level through to club level - must ensure that their personal insurance policy includes adequate personal liability cover to avoid financial strain should they face a liability claim due to injuries caused to another player. Read more >>

Public comment sought on protected species regulations
PRETORIA: Water and Environmental Affairs Minister Edna Molewa has published for public comment the regulations related to listed Threatened or Protected Species (ToPS) in Gazette No. 36375 of 16 April 2013. Read more >>

Threats to privacy and the freedom of expression - a family affair
[Kathleen Rice] A number of bills are before parliament that have the very real potential to inhibit the free flow of information and ideas on electronic communications networks while allowing the state to monitor and intercept certain online communications, such as communications using Gmail, Facebook, Twitter, and Skype, without a warrant or any form of judicial oversight. Read more >>

Recycle paper for Green Office Week
South African businesses are being urged to realise the vast environmental and business benefits of recycling unwanted paper, as paper consumption shows no signs of abating. Read more >>

Introducing a must for any industry event - Biz Featured Events
[Issued by Bizcommunity.com] The next time you're needing to organise an event, make your branded Biz Event Calendar listing - aka Biz Featured Event - the first thing on your to-do list and use it to check events happening around the time. Read more >>  visit press office >>


Commercial Law
SA mining companies forced to cede Zim shares for nothing
[Tawando Karombo] Zimbabwe is amending its contentious indigenisation laws to force all mining companies to cede 51% of their shareholdings to local people for no monetary compensation. Read more >>

Cell C's ultimatum to Icasa
[Thabiso Mochiko] Cell C's chief executive Alan Knott-Craig last week issued an ultimatum to the telecommunications regulator saying that unless mobile termination rates are cut, he will turn to the courts to force prices down. Read more >>

Judgement on Agri SA welcomed
The Department of Mineral Resources has welcomed the judgement handed down by the Constitutional Court of South Africa, in the long and embattled case brought against it by commercial agricultural organisation, Agri SA. Read more >>

Heavyweight bout looms for property companies
[Nick Hedley] The battle between listed property heavyweights Growthpoint Properties and Redefine Properties for a R10bn blue-chip retail portfolio flared up on Wednesday (17 April)‚ with Growthpoint digging in its heels and indicating that it has no intention of giving up its bid. Read more >>

Streamlining water use licence applications into environmental mining regulation
[Sandra Gore and Helen Dagut] Over 50 mines in South Africa operate without valid water use licences (WUL) under the National Water Act, No 36 of 1998 (NWA). Read more >>

State would need to prove public use, interest in expropriation
Government departments and municipalities wishing to expropriate property under a new Expropriation Bill will have to conduct a thorough investigation to prove that any expropriation will be done so in the interest of the public, or that property will be put to public use, the Deputy Minister of Public Works Jeremy Cronin says. Read more >>

Artists need protection
[Phillip Haupt] Most up-and-coming artists/bands do not appreciate the value of their names and images. It is highly recommended that they register their names/images as trademarks, as the registration itself is automatic proof of trademark rights. Read more >>

What trademark owners need to know
The Trademark Clearinghouse came into effect on 26 March 2013 and could reportedly benefit trademark owners by granting them preferential rights to domain names and alerting trademark owners to any third party applications to register the same trademark. Read more >>

British expert advises on disputes in the built environment
It's a fact of life that disputes have the potential to cause damage to finances, reputations and relationships, and resolving them as quickly and cost effectively as possible is increasingly important to individuals and the business sector, said Dr John Fletcher, head of Dispute Resolution Services of the Royal Institution of Chartered Surveyors (RICS). Read more >>

ENS wins Global Competition Review Award
ENS's competition department has made international headlines after winning the award for Merger Control Matter of the Year - Asia-Pacific, Middle East & Africa, in recognition of its representation in South Africa of Nestlé in its USD11.9 billion acquisition of Pfizer's infant nutrition business, at the Global Competition Review (GCR) Awards ceremony in Washington DC. Read more >>

Online shopping - just a click away
[Tayyibah Suliman, Mariska van Zweel, Nicole Meyer] The world of online transactions is expanding with growing numbers of consumers transacting online to purchase goods and services. Read more >>

Telkom agrees to pay its R449m fine
Telkom has withdrawn an appeal against a ruling by the Competition Tribunal - given in August last year - after complaints from the South African Value Added Networks Services (SAVA) and various other bodies. The company has agreed to pay the R449m fine originally imposed by the Tribunal. Read more >>

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. Read more >>


Criminal Law
Looting at Walter Sisulu University
Students looted shops at Walter Sisulu University's Mthatha campus during a protest on Monday (22 April), the university said. Read more >>

POIB battle looms
[Rod Baker] NEWSWATCH: While the ANC has accepted the contentious Protection of State Information Bill (POIB), opposition parties are still not happy, reports The New Age. Read more >>

Not all cases of gender-based violence reported
[Gabi Khumalo] While there are many cases of gender-based violence (GBV), most of them are not being reported which makes it difficult for government to intervene and end the scourge. Read more >>

Mislabelling of meat products - just distasteful? Or criminal?
[Altair Richards & Mandi Krebs] Food labelling has been in the spotlight following the European horse-meat scandal and the findings of a recent study by the University of Stellenbosch where undeclared ingredients were found in a number of meat products in South Africa. Read more >>

Mthethwa commends arrest of Jane Furse assault suspects
Police Minister Nathi Mthethwa has welcomed the arrest of the five suspects who were involved in an assault on an elderly woman in Jane Furse, Limpopo. Read more >>


Labour Law
Professor frog-marched off Wits campus
[Amukelani Chauke] A Witwatersrand University professor has been 'frog-marched' off the campus following allegations of sexual harassment. Read more >>


Law Practice
No decision on sports inquiry - Presidency
The Presidency says no decision has been taken by President Jacob Zuma to establish a commission of inquiry into the alleged problems in South African football. Read more >>


International
Google 'justifies' not paying taxes
LONDON, UK: A top Google executive on Monday (22 April) insisted that the company's "key" role in developing Britain's electronic commerce should be taken into account in the row it faces over its controversial tax arrangements. Read more >>

Viacom's YouTube case thrown out twice
SAN FRANCISCO, USA: A judge dismissed for the second time a billion-dollar lawsuit by entertainment giant Viacom in which it claimed that YouTube was "knowingly" profiting from pirated video clips. Read more >>

More International...


Government
Government view: Marginal improvement in Employment Equity
There has been a slight increase in the representation of the black population in top management positions, according to the 13th edition of the Employment Equity annual report. Read more >>

NCC adopts "more modest" strategy
[Linda Ensor] The National Consumer Commission (NCC) has adopted a new‚ more modest strategy which involves shifting responsibility for the conciliation of disputes to accredited industry ombud schemes rather than dealing with all of them itself‚ acting commissioner Ebrahim Mohamed said on Thursday (18 April) in a briefing to Parliament's trade and industry committee. Read more >>

Whites hang on to the top jobs in SA
Whites still dominate South Africa's top management positions, an Employment Equity Commission report revealed on Thursday. (18 April). Read more >>

More Government news...


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2013 Biz Trends Report

93 pages
49 contributors
41 contributions

New people on biz
Ella Metcalfe
1119 Alameda Boulevard Northwest at Metcalfe Tax Attorney
Frank Wright
3025 Southwest Canby Street at The Portland Tax Debt Lawyers
Stewart Coleman
50 Massachusetts Avenue Northeast at Alexandria Group Tax Advisors
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Tax Return Preparation - Business Taxes - Consultants & Representatives
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