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Cosmetics in South Africa: L’Oréal has skin in the game

In South Africa, it is not uncommon for companies to take IP-related disputes to the ARB, a process that is far cheaper and quicker than High Court proceedings.
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Reputation – it’s something that’s acquired progressively and lost gradually

South African trade mark law is quite similar to EU law, thus we review two recent trade mark decisions from the EU in this article, both of which involve trade marks with a reputation.
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Trade marks and distinctiveness

In this article, we discuss two trade mark applications – one in the EU, and one in Japan, both of which had their application for registration refused on the basis of non-distinctiveness.
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Registered community designs in the EU

Industrial designs can be registered in South Africa and there is provision for the registration of both aesthetic and functional designs. Yet, there is surprisingly little design law litigation in South Africa.
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ENS and its lawyers receive top trade mark and patent rankings from Managing IP

ENS has once again been recognised for our work in intellectual property by Managing IP (MIP), a leading industry publication.
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Namibia: Petroleum in the age of ESG

With significant oil and gas finds off Namibia's coastline, Namibia is set to become one of the newest frontiers for petroleum production - but it's a complicated time. Read our report to learn more.
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Litigants in the Johannesburg High Court could wait up to 3½ years for a civil trial to be set down

The Deputy Judge President of the Johannesburg High Court has published a bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court. 
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Draft Vertical Restraints Regulations published in the Government Gazette for comment

The DTIC published the draft Vertical Restraints Regulations on 3 June 2024, which are open for public comment.
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Adjudicator duties in terms of the Community Schemes Ombud Service Act

In a recent case, the Johannesburg High Court overturned an Adjudicator's decision under the Community Schemes Ombud Service Act, 2011 ruling that the Adjudicator had neglected relevant evidence and misapplied the law.
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Africa Business In Brief

issue 548
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Kenya: The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 signed into law: anticipated key changes to various laws

The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 was assented into law on 24 April 2024 and came into force on 26 April 2024 upon gazettement in the Kenya Gazette
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The legal paths and pitfalls of mass dismissals: the interplay between misconduct, poor performance and retrenchments. What route can an employer take?

Employers facing collective poor work performance will have to tread carefully and explore the avenues of misconduct, poor performance and operational requirements
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Unprotected strikes – Can employees raise provocation as a defence?

In South Africa, participating in an unprotected strike is misconduct that can lead to disciplinary action, but item 6 of the Code of Good Practice: Dismissal states that dismissal is not always justified
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Procedural fairness in large scale retrenchments: Key takeaways from Regenesys Management v Ilunga

The Labour Relations Act (“LRA”) distinguishes between what can be termed “large scale retrenchments,” regulated by sections 189 and 189A of the LRA, and other retrenchments termed “small scale retrenchments,”  regulated by section 189
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Have South African courts evolved in their consideration of the necessity of commissioning and deposing affidavits?

This article examines the evolving stance of South African courts on the virtual commissioning of affidavits, highlighting recent case law and the need for potential regulatory updates to accommodate technological advancements
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ENSafrica virtual tour | Kirstenbosch botanical gardens

15 Nov 2021
ENSafrica IP Executive Waldo Steyn and expert local tour guide Kirsten Keun take you on a virtual tour of the gardens and provide fascinating insights into the unique natural and cultural heritage of the Cape
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Podcast | The money show | How the mid-term budget is affecting one's income tax

15 Nov 2021
BY Charles de Wet How the mid-term budget is affecting one's income tax, ENSafrica's Charled de Wet joined The Money Show to discuss the Finance Minister's speech in detail.

ENSafrica webinar | combating cybercrime in Kenya | WED 10 NOV

12 Nov 2021
BY Roy Gillespie , Nigel Shaw AND Mahesh Acharya COVID-19 continues to accelerate technology trends such as online shopping, digital payments, remote work, tele-health and online learning. Watch our webinar to find out more about what this means for you.
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Podcast | Business Law Focus | More questions than answers about worker rights in gig economy

04 Nov 2021
BY Dion Masher In the latest episode of the Business Law Focus Podcast, Employment Exec Dion Masher discusses South Africa’s standing in the global rise of the ‘gig economy'.

Podcast | OFM Business Hour | Talking counterfeit goods in Kenya

29 Oct 2021
BY Mahesh Acharya ENSafrica's Mahesh Acharya joined Olebogeng Motse on the OFM Business Hour to talk about counterfeit goods in Kenya

ENSafrica webinar | Arbitration in Africa | THU 28 OCT

28 Oct 2021
BY Celia Becker A discussion on #arbitration in Africa featuring AELEX Managing Partner Adedapo Tunde-Olowu, SAN, FCIArb, FCTI and ENSafrica Heads of Office in #Mauritius and #Rwanda respectively Thierry Koenig and Désiré Kamanzi.
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ENSafrica webinar | Tourism and hospitality in a vaccinated world | THU 14 OCT

14 Oct 2021
BY Esti Brand , Tracy van Wyk AND Lauren Salt Streamed live on Oct 14, 2021
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Podcast | Pop in with POPIA | Rakhee Dullabh, Era Gunnning and Nicole Gabryk

13 Oct 2021
BY Era Gunning Era Gunning, Rahkee Dullabh and Nicole Gabryk, ENSafrica's POPIA experts, present their new podcast series called "pop in with POPIA". This episode focuses on the right to access and be forgotten

Podcast | OFM | New PAIA regulations places more responsibility on information officers’ shoulders

30 Sep 2021
The latest published regulations pertaining to the Promotion of Access to Information Act (PAIA) places more responsibilities on information officers’ already burdened shoulders.

PODCAST | POPIA direct marketing | Rakhee Dullabh, Era Gunnning and Nicole Gabryk

28 Sep 2021
BY Era Gunning POPIA and direct marketing; the intersection unpacked.

ENSafrica webinar | competition and consumer protection: a united front? | WED 15 SEP

16 Sep 2021
Streamed live
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ENSafrica webinar | a legal perspective on emerging technologies | THU 9 SEP

14 Sep 2021
Streamed live on Sep 9, 2021
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Podcast | The Money Show | The beer industry appeals for excise relief on low-alcohol products

03 Sep 2021
BY Charles de Wet The beer industry appeals for excise relief on low-alcohol products

OFM Business Hour | Can I be fired for misconduct by association? | ITAYI GWAUNZA

16 Aug 2021
Can I be fired for misconduct by association?

Business Law Focus | The new regime for global corporate taxes | PETER DACHS

16 Aug 2021
The new regime for global corporate taxes