The Copyright Infringement Judgment – Moneyweb v Fin24

Judgment was recently granted out of the Gauteng High Court (Johannesburg) in favour of Moneyweb against Fin24 for copyright infringement. The court found that three of the seven articles published by Fin24, were in part original works of Moneyweb and that Moneyweb had shown that one of the articles had in fact infringed Moneyweb’s copyright. Where the articles fell short …

ARIPO Developments

There are currently 19 States which are party to the Lusaka Agreement and therefore members of the African Regional Intellectual Property Organization (ARIPO). These are: Botswana, The Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Liberia, Rwanda, São Tomé and Príncipe, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. ARIPO patents, utility models and industrial designs are governed by …

The constitutional right to emergency medical treatment

Last year, the Constitutional Court (CC) highlighted the importance of the constitutional right to emergency medical treatment. The case involved a 17 year old boy who had experienced serious spinal cord injuries whilst playing rugby. The hospital that first assessed the boy did not have the facilities to treat him and so he was eventually transferred to a larger hospital …

FWB Associate, Brittany Badham-Thornhill, provides some wisdom on wills on personal finance and insurance website Hippo.co.za

Brittany Badham-Thornhill recently contributed to an article entitled “Write a Will and Protect Your Legacy” on personal finance and insurance website, Hippo.co.za. Here are some excerpts from the article: “Unlike things like Life Insurance and Funeral Cover policies, you don’t have to be over 18 to draw up a will to determine what happens to your belongings when you pass …

Fairbridges Wertheim Becker: Terralex’s exclusive South African Member Firm

TerraLex is one of the world’s leading international legal networks. With more than 155 top independent law firms and more than 17,000 attorneys in 100 countries, TerraLex members provide the legal resources and expertise needed to conduct seamless business worldwide. Membership is by invitation only and requires a careful review process. Terralex members are well recognised and respected in their …

SARS Tax Clearance Certificates

A new tax clearance system is to be rolled out by SARS. This new system is said to improve efficiency and assist both the taxpayer and third parties to check the compliance status of the taxpayer. The taxpayer will no longer need to attend at a SARS Branch to collect tax clearance certificates, and this should ease up the queues! …

The battle between Apple and Samsung continues

Apple initially claimed that Samsung had infringed eight of its software patents (for example, the ‘slide-to-unlock’ feature) and claimed US$2.2 billion in damages. Apple was awarded US$120 million to be paid by Samsung in lieu of damages but in February this year the US Circuit Court of Appeals overturned the ruling stating that Samsung need not pay any infringement damages …

Raising a workplace dispute at the CCMA

If you have been unfairly suspended or dismissed; are in a dispute with your employer over working conditions, wages, workplace changes; or have experienced discrimination, sexual harassment or violence at the workplace, you may approach the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA is an independent dispute resolution body established in terms of the Labour Relations Act (LRA). …

Prescription: use it or lose it

Prescription is the process by which legal rights are lost as a result of a failure to take action over a period of time. Prescription is regulated primarily by the Prescription Act 68 of 1969. It is generally accepted that the purpose of prescription is to provide certainty, especially in the case of debtors, and to encourage members of the public to actively …

Fairbridges Wertheim Becker at the University of the Western Cape Career Fair

Fairbridges Wertheim Becker was one of the law firms that attended the University of the Western Cape Career Fair on Tuesday 19 April. It was an exciting day speaking to law students about their studies, legal practice and working at Fairbridges Wertheim Becker. We wish you well for your studies and future legal careers. The closing date for 2017 candidate …

Landlord’s tacit hypothec – what it means for lessees and their goods

The landlord’s tacit hypothec is a form of real security recognised in South African law. The hypothec is “tacit” because it is understood or implied without being stated; in other words, the hypothec comes into effect by operation of law and not by agreement between the Landlord and Tenant. The hypothec secures the lessee’s obligation to pay the rent in …

Personal liability of directors under Companies Act

The Western Cape High Court recently confirmed that a director of a company may, in terms of the new Companies Act, be held personally liable for damages sustained by a third party creditor where the director in question acted in such a way so as to acquiesce in the carrying on of the company’s business despite knowing that it was …

Adcock Ingram vs Actor Holdings- Don’t Delay

The Trade Marks Act makes provision for a trade mark application to be examined and thereafter advertised provided it is accepted by the Trade Mark Registrar to afford interested third parties the opportunity to oppose registration. The opposition period is three months from the date of advertisement and an extension of three months is available on request. A further extension …

The effect of the in duplum rule once judgment has been granted

In terms of the common law in duplum rule, interest stops running when ‘unpaid’ or ‘arrear’ interest equals the outstanding capital amount. This prevents unpaid interest from exceeding the unpaid capital sum. The parameters of the in duplum recieved some panel beating in the case of Paulsen v Slip Knot Investments 777 (Pty) Ltd before the Constitutional Court in 2015. …

Immigration Law Amendments

The Immigration Amendment Bill was recently tabled in Parliament by the National Assembly’s Home Affairs Committee. The proposed amendments address the issue of foreigners who have illegally overstayed their welcome, by preventing them from being granted permanent residence or any other entry visa for as long as deemed appropriate. Section 32 of the Immigration Act 13 of 2002 read with …

Simba Remains King of Flavour

In one of the Advertising Standards Authority’s (“ASA”) latest cases, Simba (Pty) Ltd v Gatbro International Manufacturing (Pty) Ltd (25 January 2016), the Simba potato chip brand took on a so-called copycat potato chip brand known as Krunch. The issue arose when Simba became aware of its competitor’s packaging consisting of a yellow crown device above the name ‘Krunch’ and …

Terrelex member firm now offering advice on family law matters

An Australian based firm Lander & Rogers has added family law to its Sydney offering to meet growing numbers of referrals and enquiries from clients. The practice launched earlier this month under the direction of the firm’s family and relationship co-heads Craig Henderson and Mark Parker, both based in Melbourne. Sydney is well known for is large population of expats. For …

Employers must ensure that the agreed retirement age of their employees is certain

According to the Labour Relations Act, a dismissal based on age will not be automatically unfair if an employee has reached the “normal or agreed retirement age for persons employed in that capacity”. Therefore, if an employee has reached either one of those ages, an employer would have a defence to a claim of dismissal based on age discrimination. In …