Navigating through the landscapes of Employment and Immigration in South Africa
The beginning of this year marked a pivotal moment in South Africa’s grapple with the complexities of its employment and immigration landscape. In the recent declarations by President Cyril Ramaphosa signalled a significant shift in policy in that, South Africa’s commitment to zero-tolerance approach towards employers hiring undocumented foreigners, which is poised to reshape the […]
THE NATIONAL MINIMUM WAGE
Throughout history, various organisations have advocated for a national minimum wage which will be legally enforceable. This emanated from the unfairness and pay disparity based on discrimination that had been normalised in the workplace. As far back as 1955, these sentiments were echoed in the Freedom Chater under the declaration; “There shall be work and […]
CRICKET AND INTELLECTUAL PROPERTY PROTECTION
Using terms such as “ICC”, “International Cricket Council”, “ICC World Cup”, or “ICC Cricket World Cup” is subject to strict legal restrictions, primarily because they are registered trade marks owned by the International Cricket Council (ICC).1 Unauthorised use in a commercial context is generally prohibited, as it may constitute ambush marketing and/or trade mark infringement. […]
MAXIMISING VALUE AND MINIMISING RISK: WHY YOUR BUSINESS NEEDS AN IP AUDIT
In the modern economy, intellectual property (IP) is often an organisation’s most valuable asset. Yet, many companies lack a clear understanding of what they actually own, use, or have acquired. An IP Audit serves as a systematic review to compile a comprehensive inventory of these assets. While a standard audit identifies what is there, IP […]
THE ROLE OF IP IN THE CLEAN ENERGY REVOLUTION
26 January marks the International Day of Clean Energy, a significant moment for the global community to reflect on our progress towards sustainability.1 While the world policy and carbon credits, there is an invisible engine driving the actual technological transition: Intellectual Property (IP). In the current climate, clean tech has evolved from a niche interest […]
“BOGUS” TERTIARY INSTITUTIONS AND INTELLECTUAL PROPERTY INFRINGEMENT
The commencement of the academic year is a significant period for matriculants seeking enrolment in tertiary institutions. However, this period is also marked by an increase in the establishment of “bogus” institutions, luring vulnerable students through deceptive practices. The Department of Higher Education and Training (DHET) has identified a number of higher education institutions (HEIs) […]
THE REQUIREMENTS FOR A VALID AND ENFORCEABLE CONTRACT
The South African law of contract is rooted in Roman-Dutch law principles but continually shaped by the values enshrined in the Constitution of the Republic of South Africa (“the Constitution”). The Constitution guarantees the right to freely contract, which is a cornerstone of a modern economy. South African law recognises both verbal and written agreements, […]
THE INDIGENOUS KNOWLEDGE ACT – SAFEGUARDING OUR SOUTH AFRICAN HERITAGE
In an era where a traditional recipe can be a global food brand and a medicinal plant can form the basis of a billion-rand pharmaceutical, the line between communal heritage and private property has never been more contentious. This raises an important point: are the current intellectual property (IP) systems enough to protect our rich […]
THE TRUST TEST: DISCLOSURE DURING THE RECRUITMENT PROCESS
When applying for a job, there is no general rule or law that places an obligation on job applicants to disclose their criminal history unless they are specifically asked by the potential employer. During the recruitment process, there are instances where one is required to disclose certain information to the potential employer, to assist the […]
MALOPE vs ARIEL: A BATTLE FOR PERSONALITY RIGHTS
Gospel music icon Dr. Rebecca Malope has expressed outrage after discovering that her image was used without permission to promote Procter & Gamble (P&G) laundry detergent brand – Ariel washing powder. Malope took to social media to voice her frustration, and condemned the misuse of her image and reputation, which mislead consumers into believing she […]
