No copyright notice? No excuse.
Why the use of unlicensed online images may constitute copyright infringement
All original images and photographs attract copyright automatically. No registration or copyright notice is required for copyright to exist.
Owning the copyright in an image means…
Topics: Intellectual Property Law
Conduct rule dispute resolution
In Heathrow Property Holdings No 3 CC and Others v Manhattan Place Body Corporate and Others [2021] 3 All SA 527 (WCC), the Community Schemes Ombud Services is the primary forum for adjudicating body corporate disputes, not the High Court which is intended to be a …
Topics: Dispute Resolution | Property Law
Fluxmans Attorneys An employer’s right to change an employee’s retirement date
As many people are now forced to work for longer, the question of when an employee is obliged to retire has become topical and much discussed.
The obligation to retire depends on a number of factors which include the industry of the particular employee and, more particularly,…
National Gambling Amendment Bill sent to mediation committee
The National Gambling Amendment Bill has been rejected by the National Council of Provinces (NCOP) and referred to the mediation committee.
The bill was tabled in parliament in August 2018.
The National Assembly (NA) gave the green light to the bill and sent it to …
Topics: Government, Politics & Policy
Maxe (Pty) Ltd v Artav Stainless Steel CC: Design registration infringement – A refresher of old lessons learned
Maxe (Pty) Ltd instituted action proceedings against Artav Stainless Steel CC for infringement of several of its aesthetic design registrations covering sports bars and nudge bars for vehicles. The trial took place in May 2020 and was the first trial concerning…
Topics: Dispute Resolution | Intellectual Property Law
How enforceable is the polygraph in modern-day proceedings?
A polygraph, better known by the public as a “lie detector test”, is used in labour proceedings by an employer to assess the truthfulness of an employee in a dispute or event. The test monitors bodily reactions towards specific questions to determine whether the subject’s…
Topics: Labour Law
Taking stock Part IV – The future of the legal industry
Time to look ahead….
Sometimes the very act of taking stock involves looking ahead.
As the venerable Mark Twain once said – “The secret of getting ahead is getting started”.
And he is absolutely right.
Whilst we have spent November looking back over the last year and…
Topics: Running Your Practice
Bregman Moodley Attorneys Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP)
The parties’ ante-nuptial contract (ANC), which was registered 15 January 2015, records that they were married out of community of property and excluding accrual.
On 15 February 2015, the parties concluded a written agreement,…
Topics: Family Law
Festive season car crashes: Who can claim from the RAF?
We have seen over the years that the number of accidents considerably increase. This is evident from the annual statistical reports by the Department of Transport. It is common knowledge that, in law, victims of the car accidents can claim for compensation from the…
NA fails to pass Constitution Eighteenth Amendment Bill
The national assembly (NA) has failed to pass the Constitution Eighteenth Amendment Bill.
During a debate earlier this week on the bill, the NA was unable to garner the two-thirds majority required to pass the bill.
The Ad Hoc Committee to Initiate and Introduce Legislation…
