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ORIGINAL THINKING

 
 

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Taking stock – transfer pricing developments in the first six months of 2020

tax | 18 Aug 2020
BY Jens Brodbeck
Below is a short summary of some of the important international and local South African developments in the area of transfer pricing amidst the COVID-19 crisis.
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The future of energy production in South Africa

Test news category | 11 Aug 2020
BY Sasha Singh, Loren Tibshraeny, Eric le Grange
COVID-19 has ravaged through the already weakened South African economy and have made a massive impact on the country’s balance sheet.
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Mining Tax: Miners caught between a rock and proposed amendments

tax | 04 Aug 2020
BY Kristel van Rensburg, Mike Benetello, Andries Myburgh
On 31 July 2020, National Treasury and SARS published the 2020 Draft TLAB and Draft TALAB, for public comment due by 31 August 2020.
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Genetically modified mice and the patent bargain

IP | 04 Aug 2020
BY Rowan Forster
This judgment is a useful reminder of what is sometimes referred to as the “patent bargain”, something that is at the very heart of the patent system.
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Booking.com – is it generic?

IP | 03 Aug 2020
BY Fae Hassan, Manisha Bugwandeen-Doorasamy
Judge Ruth Bader Ginsburg wrote the judgment in the recent case of United States Patent and Trademark Office v Booking.com that may in time be referred to as the “generic.com case”.
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Trade secrets: in the news again

IP | 03 Aug 2020
BY Waldo Steyn
Recent news stories have once again shone a spotlight on the issue of trade secrets.
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Patents: Solving the problem of “card clash”

IP | 03 Aug 2020
BY Hugo Biermann
Computer-implemented inventions and even business-related inventions can in many cases be patented, provided the invention has a technical character.
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COVID-19 and mental health in the workplace

employment | 28 Jul 2020
BY Prencess Mohlahlo, Hlengiwe Mahlangu
Several cases in South Africa have highlighted the importance of employer awareness of their responsibilities when faced with employees whose mental health has been adversely impacted by COVID-19 and…
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When are companies obligated to pay salaries during lockdown?

employment | 07 Jul 2020
BY Nomampondo Banzi, Brian Patterson
Many businesses have struggled to survive during lockdown and have subsequently applied to the High Court for business rescue. A key question that arose was whether the restaurants were obligated to …
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African brand survey paints a bleak picture of... African brands

IP | 06 Jul 2020
BY André J Maré
On 26 May 2020 The Star newspaper reported on the recently published Brand Africa 100 Best Brands 2020 report. The heading used was “Africa not creating more competitive brands to meet needs of its g…
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Hermès: How WWII shortages led to the creation of an iconic brand

IP | 06 Jul 2020
BY Liézal Mostert
An interesting article entitled “A Shortage of Product Packaging During WWII Led to the Birth of Hermès’ Famous Orange Color Mark” from US publication The Fashion Law on 22 May 2020, forms the basis …
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Can “Black Lives Matter” be trade marked?

IP | 06 Jul 2020
BY Ilse du Plessis
Recent reports in the publication World Trademark Review (“WTR”) has reported that many have jumped on the “Black Lives Matter” bandwagon and started filing some pretty dodgy trade mark applications.
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The Greek Freak and celebrity trade marks

IP | 06 Jul 2020
BY Gaelyn Scott
One of the biggest names in US basketball right now is Giannis Antetokounmpo. Giannis is huge in every way and he’s the NBA’s current MVP. For years Giannis has been all over the sports news but now …
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Life sciences acquisitions and divestments

chapter | 02 Jul 2020
BY Vanessa van Coppenhagen
HEALTHCARE & LIFE SCIENCES - SOUTH AFRICA
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Vicarious liability: Can an employer be liable for the intentional and wrongful conduct of its employees?

employment | 23 Jun 2020
BY Naa’ilah Abader, Brian Patterson
The concept of vicarious liability is not uncommon in the context of employment relationships. There is a plethora of cases dealing with the question of whether an employer may be liable to a third p…
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