KEY CHANGES IN THE NEW PLANT BREEDERS’ RIGHTS ACT NO. 12 OF 2018
Plant Breeders’ Rights (PBR) are a form of intellectual property (IP) protection granted to plant breeders who develop unique and novel plant varieties. Under PBR, breeders gain exclusive control over the commercial use of their creations, including the production, distribution, and sale of reproductive materials like seeds or cuttings for a specified duration. A plant […]
Intellectual Property Rights in Global Trade: Supreme Court Clarifies the Distinction Between Trade Mark Infringement and Counterfeiting
In a landmark ruling (Yossi Barel v Popular Trading CC and Others, SCA 2025), the Supreme Court of Appeal (SCA) drew a critical distinction between trade mark infringement and counterfeiting under the Counterfeit Goods Act of 1997, providing much-needed clarity for brand owners and traders alike. The case centred on the use of the “ENRICO […]
THE LENS OF JUSTICE: HOW SAM NZIMA RECLAIMED HIS ICONIC IMAGE
The late Sam Nzima, a South African photojournalist, captured one of the most powerful images of the 1976 Soweto Uprising—the photograph of dying 12-year-old Hector Pieterson being carried by Mbuyisa Makhubo, with Hector’s sister Antoinette Sithole running beside them. The image became a global symbol of apartheid’s brutality. However, Nzima faced a prolonged legal battle […]
THE ‘JERUSALEMA’ LEGAL DISPUTES
The global hit song Jerusalema by Master KG (Kgoagelo Moagi) and Grammy Award-winning artist Nomcebo Zikode not only took the world by storm with its infectious rhythm and dance but has now become the centre of a copyright battle in South Africa. The dispute highlights critical issues in the music industry, including artist compensation, contractual obligations, and […]
Legal Sector Code of Good Practice on Broad-Based Black Economic Empowerment
Similar to other sectors such as the finance services sector, property sector and so on, the Department of Justice and Constitutional Development saw it fitting to also develop and issue Sector Codes for the legal industry. The aim and objective of the Legal Sector Code (“LSC”) is to transform the legal sector in order to […]
The emancipation of Black women from being considered perpetual minors
In South Africa, black women were once regarded as perpetual minors in the eyes of the law. This meant that they could not acquire or own property. South African women suffered from a triple yoke of oppression, being gender, race and class discrimination. Black women have had inferior job opportunities and were subjected to other […]
Long walk to Equality
As we celebrate women this August, it is important to remember the challenges faced by the women, who fought relentlessly for our rights and freedoms. The strife for women’s suffrage in South Africa began in 1889 with the establishment of the Women’s Christian Temperance Union (WCTU). Amongst their campaigns was the campaign to secure voting […]
Comparison of National Small Enterprise Amendment Act No. 21 of 2024 to other SME legislations in eight countries (part 2)
The Department of Small Business Development conducted a comparative analysis of SMME legislation from eight countries to the National Business Act no 102 of 1996 as amended in 2003 and 2004.[1] We have added another layer to the comparison and looked at the National Small Enterprise Amendment Act No. 21 of 2024 which recently came […]
Comparison of National Small Enterprise Amendment Act No. 21 of 2024 to other SME legislations in eight countries
The Department of Small Business Development conducted a comparative analysis of SMME legislation from eight countries to the National Business Act no 102 of 1996 as amended in 2003 and 2004.[1] The countries that that were studied include Brazil, India, Kenya, Malaysia, Nigeria, Taiwan, United Kingdom and United States of America.[1] The aim of the […]
Intellectual Property in the Olympic Games
The Olympic Games are well and truly underway, and we are certain that you have been seeing multiple posters, images and broadcasts promoting the games. You might be wondering, who has the rights to use these images and other promotional materials? All the logos, posters and performances related to the Olympics are known as Olympic […]
