Author - Kutlwano

Is Moonlighting Legal?

Moonlighting is the act and/or practice of holding a second job or engaging in additional work outside of your regular employment, without informing your employer. With the prevailing cost of living crisis in South Africa attributed to, inter alia, inflation, it is common practice for individuals to have more than one source of income to survive. However, as an employee...

Taylor Swift’s IP Strategy

Oh, it's so sad to think about the good times. You and I…'Cause, baby, now we got bad blood. You know it used to be mad love. So take a look what you've done. 'Cause, baby, now we got bad blood, hey! Without having to even wonder where the words from the above paragraph come from, you already know that...

Know your rights as a consumer this Black Friday

Black Friday deals are upon us, and the festive shopping season is around the corner, therefore it is important that all businesses which market, distribute, manufacture, or sell goods and services in South Africa, comply with the Consumer Protection Act 68 of 2008 (CPA). Below are a few noteworthy regulations that one should be aware of when buying or...

Parallel Imports

Parallel importation can be defined as the act of importing and trading in genuine goods that are sold without the original manufacturer’s knowledge or consent. These goods are also referred to as “grey goods”. An example of how parallel importation typically takes place is when an individual travels to a foreign country, and purchases an item in said country at...

Cybersecurity: Whose Responsibility Is It?

The world has changed drastically in the past three years; with the COVID-19 pandemic speeding up the process. The number of people working from home has increased significantly, in fact, the ability to work remotely is now used by some companies as an incentive to attract talent.1 With remote work being at an all-time high, people communicate a lot via...

The AI Conundrum: AI and Cybersecurity

A lot of experts are talking about the Artificial Intelligence (AI) conundrum. Is it a blessing or a curse? AI is a blessing in that it makes certain jobs easier and more efficient. As an example, AI can increase productivity. An AI algorithm can predict and prevent catastrophic events like disease outbreaks and market crashes. On the other side...

Gone Phishing

We would be remise if we highlighted cybersecurity awareness without delving deeper into phishing. We have all received notifications from our banks or even employers warning us against phishing attacks. What is phishing exactly? “Phishing is a cybercrime in which a target or targets are contacted by email, telephone or text message by someone posing as a legitimate institution to lure individuals...

X Marks the Spot… A Tale of Two Trade Marks

X Corp, formerly known as Twitter is being sued by a Florida based advertisement agency, X Social Media LLC for the violation of Florida common law due to “unfair competition and trademark service mark infringement”.1 X Social Media, filed a trade mark “X Social Media” on 17 January 2018 and it was officially registered on 04 September 2018.2 The...

Traditional Knowledge; Our South African Heritage

The World Health Organization estimates that about 80% of the world’s population, predominantly in developing countries, use traditional forms of medicine1. They estimate that the percentage of the population that uses traditional medicine ranges from 90% in Burundi and Ethiopia, to 80% in Burkina Faso, the Democratic Republic of Congo and South Africa, 70% in Benin, Cote d'Ivoire, Ghana,...

Women’s Contributions Towards Innovation: The patentability of human DNA

South Africa has extensive laws governing the collection and use of human genetic material (see Table 1 below)3. However, we do not have case law to assist with the interpretation of these statutes. We have a few examples from international law, and we will look at the case of Association for Molecular Pathology v. Myriad Genetics, Inc.1 In the...