Without Prejudice - Volume 15, Issue 8, 2015
Volume 15, Issue 8, 2015
Source: Without Prejudice 15 (2015)More Less
There are two ways to extend patent protection: by way of an extension of the patent term (for example as in United States of America); or by way of an extension of protection of the product (for example the Supplementary Protection Certificate (SPC) in Europe). These extensions are generally allowed due to a delay in the issuance of a patent or a delay in commercialising a product due to the lengthy process to obtain regulatory approval for a product.
Source: Without Prejudice 15, pp 51 –52 (2015)More Less
The Montana Meth Project, an American nonprofit organisation, infamously popularised the phrase "meth: not even once" as part of a media campaign to raise awareness about methamphetamine use. In Intellectual Property law, replacing the word "meth" with "joint ownership" would admirably encapsulate the feelings of some attorneys on this matter.
Author Patrick BracherSource: Without Prejudice 15, pp 53 –55 (2015)More Less
Lawyer's document review possibly devoid of legal judgement
Challenge to ban on outside ownership of law firms dismissed
Lawyer gets $100 damages for insults
City wins case over shooting wrong dog
Children sent to juvenile facility for rejecting dad are now going to summer camp
Lawyer disbarred for social media blitz
Liar caught out by Fitbit analysis
Woman banned from entering any Wal-Mart store
Cops charge arrested man for bleeding on their uniforms
Judge's aggressive cross-examination leads to acquittal
Missed court dates
Facebook lacks standing to challenge subpoenas of users' info in disability case
Courthouse shooter's relatives convicted of cyberstalking
Lawyer loses blog post suit then sues Google over comments
New DNA testing permitted despite deadline
No expectation of privacy for pocket-dialled call
Court blasts lawyers and scorched earth tactics
Court delays trial because of lawyer's Facebook post
Cops caught on pot raid video argue for privacy
Lawyer criticised for outlandish comparisons
93-year-old judge in 44-year-old case
Judge tells defendant he would do society a favour if he killed himself
Author Neo MalahlelaSource: Without Prejudice 15, pp 58 –59 (2015)More Less
It is a fairly rare occurrence for our courts to be faced with a dispute regarding a particular section of legislation only to have the section amended or deleted by the legislature before the dispute has been finalised. The Constitutional Court in Chevron SA (Pty) Limited v Wilson t/a Wilson's Transport and Others (CCT 88/14)  ZACC 15 (5 June 2015) was recently faced with such a situation.
Author Danie WijnbeekSource: Without Prejudice 15, pp 60 –62 (2015)More Less
With the Baking Tin judgement in 2007 (Commissioner, South African Revenue Service v The Baking Tin (Pty) Ltd 2007 6 SA 545 (SCA)), it was considered that legal certainty was restored with the Supreme Court of Appeal confirming the objective approach when determining tariff classification for customs duty purposes. The Smith Mining decision (Smith Mining Equipment (Pty) Ltd v The Commissioner: South African Revenue Service 9728/12)  SASCA 145 (1 October 2013)) in 2013, however, troubled the waters again.
Author Thabiso TafilaSource: Without Prejudice 15 (2015)More Less
Author Miguel Angelo AlmeidaSource: Without Prejudice 15 (2015)More Less
As well as reforming insolvency procedures, the Legal Framework for Insolvency and Business Recovery, approved by Decree-Law No. 1/2013 of 4th July (DL 1/2013), introduced the new concept of "court-supervised restructuring" to the Mozambiquan legal system. Court-supervised restructuring aims to enable companies which are in financial difficulty to overcome their inability to meet their obligations.
Author Rob MillardSource: Without Prejudice 15, pp 66 –67 (2015)More Less
Author Heleen WrightSource: Without Prejudice 15, pp 68 –69 (2015)More Less
In recent years many articles highlighted a possible decline in profitability of law practices. Titles include "Why is the demand for legal services shifting?" (legalexecutiveinstitute.com); "Law firm clients today are in the driver's seat - asking law firms to provide more value at a reduced cost" (businessoflawblog.com); and "Solving the Profitability Problem" (legalexecutiveinstitute.com). The key message is that there is a buyer's market in the legal industry and that law firms are shrinking.
Author Aidan KennySource: Without Prejudice 15 (2015)More Less
The right of a party to enter into a contract is governed by the legal status afforded by the various statues and our common law. The status of a trust is, however, shrouded in a cloth of mystery. A trust in terms of our law is not regarded as a legal person, and various issues regarding a trust are governed by the Trust Property Control Act (57 of 1988). However, a trust has been regarded in our case law as a legal institution sui qeneris.
You don't have to be a Rhodes' scholar ... but it sure helps! : lifestyle - the view from down underAuthor David ReesSource: Without Prejudice 15, pp 74 –75 (2015)More Less
Australian idiom is endlessly engaging. Some usages can be explained as a throwback to the Irish convicts. For example, Australians often refer to "the English" when "England" or "Britain" sounds more natural to us. An Australian might say: "the English won the Battle of Trafalgar" or "the English won the Ashes". Even after decades of living in Australia, it still jars.
Author Theo BuchlerSource: Without Prejudice 15, pp 75 –76 (2015)More Less
Author Vaughn WilliamsSource: Without Prejudice 15, pp 78 –79 (2015)More Less
Author Eben Van WykSource: Without Prejudice 15, pp 80 –81 (2015)More Less
The best of the best wines will again be available at this year's Cape Winemakers Guild Auction in Stellenbosch on Saturday 3 October 2015. This auction is open to the public and attracts small private buyers, collectors and the wine trade. Auction wines are selected in a blind tasting by members of the Guild and the Cape Winemakers Guild Auction, showcasing the best wines of each of the acclaimed winemakers, has become the benchmark of great South African wines.