Library
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Client Update - November 2010
Adams & Adams client newsletter - November 2010
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Adams & Adams patents brochure
Intellectual property, although intangible, is a valuable asset on the balance sheet of any business.
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Are you a real Springbok supporter, or are you just faking it?
By Nishan Singh – senior associate, Adams & Adams
The opening ceremony of the 2011 Rugby World Cup kicked off on 9 September 2011 but, unbeknown to event organisers, criminals were also preparing to pounce. On 18 August 2011, the South African Revenue Services seized 66 000 counterfeit rugby jerseys with an estimated street value of R43-million.
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Adams & Adams Firm brochure
Adams & Adams is the largest intellectual property law practice in Africa and is also one of the biggest corporate and commercial law firms in South Africa.
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Coldplay copying other artists?
Coldplay’s latest single, “Every Teardrop Is A Waterfall” had been released for only hours, if not minutes, when accusations of plagiarism surfaced from all corners.
It only takes listening to the first few seconds of the new Coldplay song to recognise the striking similarity between it and the opening melody of the piano riff of the 1976 song performed by Peter Allan, “I Go To Rio”.
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SWARTLAND – A Double Agent
The case of Groupe LFE (SA) (Pty) Limited v Swartland Winery Limited (467/2009) turned on whether “Swartland” is the name of a wine growing area in the Western Cape, a trade mark under which the Respondent sells its wine (grown in the same area), or, surprisingly, both.
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What is the effect of an incomplete deed of suretyship?
In terms of our law and in particular the General Law Amendment Act No. 50 of 1956 (“the Act”) no contract of suretyship shall be valid unless the terms thereof are embodied in a written document signed by or on behalf of the sureties.
There are 5 essential terms which need to be contained in a contract of suretyship, namely the identity of the creditor, the debtor, the surety and the nature and amount of the principal debt. Failure to complete the essential terms of the suretyship agreement would mean that the contract would be invalid for failure to comply with the statutory formalities.
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Is an attorney allowed to set-off fees due to him against money collected by him on behalf of client
Is an attorney allowed to set-off fees due to him against money collected by him on behalf of client
The above question was raised in the matter of Blakes Maphanga Incorporated vs Outsurance Insurance Company Limited, a matter which was heard in the Supreme Court of Appeal (SCA).
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The need to properly and accurately describe immovable property in a deed of sale
In the matter of Lombaard vs Droprop CC and Others, the Supreme Court of Appeal (SCA) was called on to adjudicate on the validity of an agreement of sale concluded when an option was exercised.
Briefly, the purchaser applied for an order compelling the sellers to transfer certain immovable property to him. The purchaser alleged that an agreement of sale had come into being pursuant to the exercise of an option to purchase, contained in an agreement of lease between him (as the lessee) and the seller (as the lessor).
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Promotional Competitions under the Consumer Protection Act
For just over a decade, promotional competitions have been regulated by the Lotteries Act, 1997, which has been in effect since 1 March 2000. Attorneys, in-house counsel and other legal practitioners have become used to advising on the legality of promotional competitions with reference to section 54 of the Lotteries Act and the regulations promulgated under that section. But when the Consumer Protection Act, 2008 (“the CPA”) comes into force on 31 March 2010, as expected, the regulation of promotional competitions in South Africa will change significantly.
The CPA will replace the Lotteries Act’s current definition of “promotional competition”. In future, section 1 of the Lotteries Act will define a “promotional competition” as having the meaning set out in section 36 of the CPA.