Without Prejudice - Volume 15, Issue 2, 2015
Volume 15, Issue 2, 2015
Source: Without Prejudice 15, pp 45 –47 (2015)More Less
On 29 October 2014, the Gauteng Local Division, Johannesburg handed down its judgement in Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (Case number 39605/13). Essentially this case dealt with bidding on keywords (relative to Google advertising) which are the trade mark of a competitor. After considering both passing off and unlawful competition arguments, the court dismissed Cochrane's claim, allowing M-Systems to continue to bid on Cochrane's trade mark CLEARVU in M-Systems' Google advertising campaign.
Author Owen DeanSource: Without Prejudice 15, pp 48 –51 (2015)More Less
The Supreme Court of Appeal has been blessed for the past few decades; it has had in its ranks judges who have experience and expertise in the field of Intellectual Property Law. Judges like Chris Plewman and Louis Harms who had a wealth of experience in handling IP cases as advocates at the Bar and in hearing such cases both in Provincial Divisions and the Supreme Court of Appeal. This contributed substantially to the high standard of IP judgements emanating from the SCA, and the development of IP law in South Africa benefitted.
Author Jan NorvalSource: Without Prejudice 15, pp 60 –61 (2015)More Less
South Africa does not host many inter-governmental organisations. This can be attributed to the country's previous apartheid regime, which made it an unattractive host state. However, since the ending of apartheid, inter-governmental organisations are making a home in South Africa.
Author Megan Harrington-JohnsonSource: Without Prejudice 15, pp 64 –65 (2015)More Less
The Myths Relating to Cohabitation
As an attorney specialising in Matrimonial and Family Law, I often find myself consulting with clients who are not married but who are living with their partners, whether in same-sex or heterosexual relationships. I almost always have to advise them that they are not in fact, as they had believed, married in accordance with the common law.
Author Muhammed KhanSource: Without Prejudice 15, pp 66 –67 (2015)More Less
In 2007, Sir Alex Ferguson, commenting on the biased performance by the referee during a soccer match between Roma and Manchester United, claimed that Manchester United was playing "against 12 men". We have heard these types of complaints often when referees are perceived to have favoured one team over another. Would the state, as the custodian of our mineral resources, become the 12th player when it awards mining rights to a state-owned mining company? In 2013, the Constitutional Court answered the question of whether the change in our mineral law dispensation amounted to expropriation. However, with the recent proclivity of the Department of Mineral Resources to award rights to mine or prospect minerals to state-owned companies, we believe the position should be reconsidered.
Author Aidan KennySource: Without Prejudice 15, pp 68 –69 (2015)More Less
The sword of Damocles that has hung over Home Owners Associations (other than bodies corporate) which have been established in terms of a statute and registered in terms of the Sectional titles Act (95 of 1986) is the possibility that they will not be entitled to collect outstanding levies if a resident is declared insolvent or is liquidated.
Author Maire FisherSource: Without Prejudice 15 (2015)More Less
Much as I'd love to say that writing is my day-job, sadly, I can't. But the next best thing is editing great South African fiction. This includes two novels by Carol Campbell, a journalist working for The Mercury. Carol identifies stories that need to be told. She gets straight to the heart of things in novels that are in no way sentimental or over-romanticised, bringing society's invisible people into the light, giving voice to those who struggle to be heard.
Author David ReesSource: Without Prejudice 15, pp 76 –77 (2015)More Less
Education is, once again, in the news. Mr. Kevin Rudd, while he was Prime Minister of Australia, introduced a programme to "narrow the gap" between the descendants of Australia's original inhabitants and the rest of Australia. The "gap" exists across many dimensions: employment, life expectancy, infant mortality and education. The programme imposes the wholly admirable requirement that an annual assessment of progress be published.
Author Dewaldt Van WykSource: Without Prejudice 15, pp 78 –79 (2015)More Less
Should the Gadgets of South Africa ever be embodied anthropomorphically and gifted with a chance to speak out load, they may likely form an Assembly of Gadgets; Perhaps, to follow, the Gadget Party. The Gadget Party would likely propose a constitution whereby Gadgets would be entitled to basic Gadget Rights of which a steady supply of electricity would be crucial to their well-being. Second to that, Gadgets need to perform their elected higher functions for humans, which is often the dissemination of information. Hence, the second Gadget right: the right to reliable and cost-effective high-speed Internet access.