NEWS & ARTICLES

What is Intellectual Property theft?  Owing to the fact that Intellectual Property (IP) is intangible, it is difficult to understand how it can be “stolen”. Essentially, this theft is achieved through replication or use. IP theft is the unauthorised copying of all (or any part) of a company's protected copyright, trade mark, trade secrets or patents, with a view of commercial exploitation.  Is there any actual loss? Yes. The IP owned by a company can very often form the most valuable asset held by that company, embodying its market goodwill, trading power or competitive advantage in an economy. Very often,...

Is it possible to collect debt from the government?  The short answer, yes. While this process is more difficult than collecting from a non-governmental body, it is certainly possible. In order to be successful with a claim against the government, it is important to consult with a competent lawyer to ensure that there is full compliance with all relevant laws.  Which organs of state can debt be collected from?  The Institution of Legal Proceedings Against Organs of State Act provides the requirements and prescription timelines with regards to debt which is to be collected from the state. This Act relates...

Can you take away the right to maintenance?  The right to maintenance is inalienable, meaning that it cannot be taken away, or given away. The Children’s Act, 2005 sets out four rights and responsibilities a person may have in respect to a child: To care for them To maintain contact with them  To act as their guardian= To contribute to their maintenance  Does an unmarried father have these rights?  Yes. The unmarried biological father of the child acquires full rights and responsibilities (meaning all four of the above) if he was living with the mother in a permanent life-partnership when...

Who can you inherit from?  Generally speaking, a person will inherit from their parents and blood relatives, based on the laws of Intestate Succession, unless there is a Will, in which case the beneficiaries will inherit in terms of the provisions of the Will. Given that an adopted child is the blood relative of their biological parents, would the adopted child be entitled to inherit from them?  If adopted, are you still a member of your biological family? When a child is adopted, they are actually regarded as being born from their adoptive parents, and are no longer considered to...

What is a contract?  A contract isn’t just a piece of paper. It has specific, defined elements: it is an agreement entered into between two or more parties with the intention of creating a legal obligation. A contract gives both parties legal protection, in that the other party will be required to perform “their end of the bargain”.   When will you be bound by a contract? In order for a contract to be legally binding, there are a few requirements: There must be consensus between the parties, which means a “meeting of the minds”, or agreement, regarding the respective obligations...

What is corporate espionage? While it conjures images of a spy stealing top secret documents, Corporate Espionage, which is also referred to as industrial espionage, economic espionage or corporate spying, is a very real offence. Corporate Espionage means the unlawful theft of intellectual property of an organisation, such as any key trade secrets, patents, business or manufacturing techniques, business processes, or even ideas or formulas. While most successful companies gather information on their rival companies, in some instances, this practice of information gathering can step over the line and be illegal.  What are examples of corporate espionage?  All of the...