Without Prejudice - Volume 15, Issue 6, 2015
Volume 15, Issue 6, 2015
Author Dirk HanekomSource: Without Prejudice 15, pp 45 –46 (2015)More Less
Coco Chanel apparently once said "A woman who doesn't wear perfume has no future". Well, it now appears from recent reports emanating from Europe that some perfume ingredients regarded as critical by perfumers, including the widely used natural substance oak moss, which is used in Chanel's famous No. 5 and Christian Dior's cherished Miss Dior fragrances, will have no further future in the industry.
Author Hans MuhlbergSource: Without Prejudice 15, pp 48 –49 (2015)More Less
A financial services company is forever asking us to consider 'How much is enough?' in the context of retirement planning. It's a question that we also need to consider in the context of copying, as a result of the judgement in the case Media 24 Books (Pty) Ltd v Oxford University Press Southern Africa (Pty) Ltd (Western Cape, Judge Gamble, 21 April 2015).
Author Jeremy SperesSource: Without Prejudice 15, pp 50 –51 (2015)More Less
It seems to this writer that trade mark infringement as a cause of action is incrementally converging with passing off through development of the former in the courts, most notably, those of Europe. In the European courts, this development has tended to favour the claimant. However, two recent South African cases illustrate just how such development can favour the defendant and possibly undermine the value of registered trade marks.
Author Sadulla KarjikerSource: Without Prejudice 15, pp 55 –57 (2015)More Less
You wait ages for a reported judgement concerning "needletime" royalties pursuant to s9A of the Copyright Act, and then two reported decisions come along at approximately the same time. The one was an enquiry by the Copyright Tribunal, and the other a judgement by the Supreme Court of Appeal, following an appeal from the Copyright Tribunal.
Author Paul GilbertSource: Without Prejudice 15, pp 58 –60 (2015)More Less
Author Yvette Janse van VuurenSource: Without Prejudice 15, pp 66 –68 (2015)More Less
In terms of the common law, immovable property vests in the trustee of the insolvent estate of a seller if the estate is sequestrated before transfer of the property to the purchaser. The purchaser of the immovable property runs the risk of losing both the property and any money he or she may have paid.
Author Chesley Brighton MnisiSource: Without Prejudice 15, pp 68 –69 (2015)More Less
Lending institutions often require security before they can advance credit to either a juristic or natural person. The purpose of the security is to ensure that the lending institution can recover the debt should the debtor default in repaying the debt, or at least that is what we all want to believe. There are various methods through which a debt can be secured. These methods include amongst others, mortgage bond, notarial bond, pledge, suretyship and cession, to mention but a few. In this article I will only look at notarial bonds as a method of security and explore whether it provides sufficient security to lenders.
Author Karin MullerSource: Without Prejudice 15, pp 72 –74 (2015)More Less
The recent Supreme Court of Appeal case of Standard Bank v Swanepoel NO (22062/2014)  ZASCA 71 (22 May 2015) places the spotlight on the precise legal nature of a trust, an aspect that appears to still cause confusion and, for some, a hopeful way of escaping their obligations.
Author Thabiso TafilaSource: Without Prejudice 15, pp 74 –75 (2015)More Less
Section 25 (1) of Botswana's Employment Act Cap 47:01 provides that where an employer terminates contracts of employment for the purpose of reducing the size of his workforce, he shall do so in respect of each category of employee, whenever reasonably practicable, in accordance with the principle commonly known as first in last out; provided that in so doing the employer shall take into account:
- the need for the efficient operation of the undertaking in question;
- the ability/experience, skill and occupations qualifications of each employee concerned.
Author Simone MontySource: Without Prejudice 15, pp 86 –87 (2015)More Less
It has been fifteen months since the Protection of Personal Information Act (POPI) was signed in parliament in November of 2013, yet there is still no official indication of when it will be fully enforced or even if any progress has been made in appointing an Information Regulator.
Author Brittany AndersonSource: Without Prejudice 15, pp 88 –89 (2015)More Less
There's no denying it, Facebook and the larger social media age has arrived, and it's here to stay. Just as the first personal computer changed the way lawyers communicate, litigate, research, and market, so social media has irrevocably altered the landscape of the profession. In a paper drafted for The Law Society of South Africa in 2012 "Introduction to Social Media - Legal Implications for South African Law Firms" it stated that social networking is not a fad and its application is an important development in the communication technology that will shape changes in how we communicate.