Legal Articles

 

Legal Articles

Supplementary 4 General Valuation Roll – City of Johannesburg

Property owners have the responsibility to check the municipal property valuation ascribed to their property. If the valuation of the property is not in line with the market value or if the categorization is incorrect, property owners must submit their objection before the objection period closes.

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Patents, Trademarks & Copyrights - What Is The Difference?

Registering a right of title over a thing that one owns, comes with immense benefits. Not only does it bring certainty and security, it also presents a legally recognised premise upon which one can enforce their rights over that thing. 

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Are Unregistered Trademarks Protected Against Infringement?

Trademarks may be registered as per the Trade Marks Act of 1993 (the Act) in South Africa, which forms the legislative basis upon which proprietors may protect their trade marks from unauthorised use. According to the Act, a trade mark ‘means a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person.’ 

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What To Do When Your Trademark Is Infringed?

In our previous instalment we shared a general overview of what trademarks are, and what they seek to protect. It was noted that a trademark, generally speaking, is a mark (sign, logo, slogan etc) that one or an entity intends to use for the purpose of identifying their goods or services from others. In other words, it is a sign that identifies certain goods or services that are offered by a particular entity or individual. 

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What A Trademark Is And What It Aims To Protect?

Many people prefer some products over others, and for various reasons. It could be that the preferred products are of better quality, reasonably priced or even for sentimental significance. Sometimes other products have an established and unbeatable reputation in the market, resonating well with a particular section of the population better than other products. Businesses therefore, do all they can to protect their brand and image, so that other players may not benefit from their established reputations in driving sales.

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The Rights Of A Consumer - Questions & Answers - Part II

As alluded in our previous instalment on consumer rights, the purpose of the Consumer Protection Act 68 of 2008 (the CPA), is to ‘promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices…’

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Property Practitioners - Is BEE Compliance Possible At All?

The Property Practitioners Act 22 of 2019 (PPA) came into effect on the 1st of February 2022, thereby repealing the Estate Agency Affairs Act of 1976, which had largely regulated the real estate sector in South Africa. Under the PPA, all parties who deal with property and related matters in their ordinary course of business are all referred to as property practitioners.

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The Rights Of A Consumer - Questions & Answers - Part I

Central to the purpose of the Consumer Protection Act 68 of 2008 (the CPA), is to ‘promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices…’

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Termination Of Terms - The Consumer Protection Act

Agreements/contracts are part of everyday life and each time parties transact, it would be the culmination of their consensus to do so. With the exception of a few (alienation of land, deed of suretyship), contracts may legally be concluded verbally. However, it is advisable for parties to reduce agreements into writing for ease of reference as it is much easier to resolve disputes by referring to the terms of the contract itself.

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Is A Refund Always Possible - Consumer Protection

As businesses move to recover from the effects of the Covid-19 pandemic, in some way consumers are getting the better end of the bargain. A good number of shops and suppliers are offering sales, discounts and specials to get an upper hand over their competitors and gain a substantial share in the market. While this may definitely be pocket friendly for the average shopper/consumer, the need to scrutinise the terms and conditions upon which these bargains come is ever important.

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