THE “SHAPE OF YOU” COPYRIGHT BATTLE Article written by Lesai Seema, Candidate Attorney, checkeb by Charlotte Clark, Senior Associate and released by Maike Gohl, Partner at Schindlers Attorneys. 09 May 2022 Background On 06 April 2022, the High Court of Justice in England and Wales, Intellectual Property List (Chancery Division), handed down judgment in the
Case Summary Written by Khethiwe Mabhena, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 13 April 2022 Judgment Delivered on 29 January 2021 THE BACKGROUNDThis judgment concerned an application before the Supreme Court of Appeal (the “Court”) to set aside an order of the High Court dismissing SWATCH AG (SWATCH SA)’s (the “applicant”)
Case Summary Written by Fatimah Ansary, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 20 April 2022 Introduction This case portrays a clear indication of how the Courts will not entertain frivolous and vexatious litigation. The integrity of the Judicial system and its officers will be safeguarded to the extent that justice and
Written by Danmari Duguid, Associate BACKGROUND (HIGH COURT) This appeal from the Gauteng Division of the High Court, Pretoria (“High Court”) to the Supreme Court of Appeal (“SCA”) follows after the Alliance of Natural Health Products (South Africa) (“the Alliance”) successfully challenged the Minister of Health’s General Regulations published on 25 August 2017 under GN
Article written by S’negugu Dlamini, Candidate Attorney, checked by Jordan Dias, Associate and relesed by Chantelle-Gladwin Wood, Senior Partner at Schindlers Attorneys. 06 April 2022 Introduction Maintenance is the legal obligation to provide another person, for example, a minor child, with housing, food, clothing, education, and medical care, or with the means that are necessary
Article written by Danmari Duguid, Associate at Schindlers SI INTRODUCTION The Trade Marks Act 94 of 1993 defines a trademark as 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
Article written by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys and Lauren Squier, Associate at Schindlers Attorneys. Introduction This article takes a critical look at the City of Johannesburg Metropolitan Municipality (“COJ”)’s proposed 2022/2023 rates policy.  The COJ is currently in the process of conducting public meetings relating to the proposed changes to the policy, which
Article written by Ayanda Motlou, Candidate Attorney, checked and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys. 03 March 2022 Our government is constitutionally bound to be just, to promote justice and accountability, to ensure the realisation of the rights contained in the Bill of Rights and to make decisions, administrative or otherwise, in the
Article written by Ayanda Motlou, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 03 March 2022 In Qwelane v South African Human Rights Commission and Another1 , the Constitutional Court decided on the invalidity of section 10(1) of the Equality Act, which defines and prohibits hate speech. In the above matter,
The rights of women in customary marriages Article written by Eileen Dexter, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 02 March 2022 Introduction Before we address the topic at hand, it is important to understand the difference between a civil marriage and a customary marriage. Certain requirements exist that must