News and Articles

Orange vs Orangeworks – Judgement received

De Kock Attorneys recently represented Account Works Software (Pty) Limited t/a ORANGEWORKS, a young South African company selling accounting software, in a “David and Goliath” battle against Orange Personal Communication Services Limited.

Ek sing – maar is my naam veilig?

In ‘n onderhoud het Emmie de Kock, van De Kock Prokureurs, die volgende gesê: “As ek aan intellektuele goedereg beskerming dink, dink ek soms aan Collective Soul se toespaslike lirieke van ‘n paar jaar gelede ‘precious declaration reads, what’s yours is yours and what’s mine, you leave alone’.

Protection of personal information in South Africa

Whether you use the internet to network or trade, you are likely to be requested to provide some personal data at some point. Collection of personal data in electronic format is made easy by computers and cell phones alike, and vast volumes of data can easily be sent or stored for unlimited periods.

Who owns software? Lessons from the Haupt case.

Software developers are often paid in money or money’s worth, such as by way of shareholding in companies, or when Joint-Ventures are formed. Independent software developers may be involved full time or part time in such projects.

Company names versus trade marks: Effect of the Companies Bill.

You have successfully registered your new company name. The logo, domain name, website, letterhead and office signage followed. Then, just when you think your marketing efforts should start paying off, you receive a letter from the owner of a trade mark similar to your company name, demanding that you cease trading under that name. This article is about how to avoid such a situation.

Make the Competition Act work for you.

Over the past few months the Competition Commission has made media headlines with its enquiries into 1) competition in certain aspects of banking, 2) alleged anticompetitive behaviour in the milk industry and 3) the alleged abuse by Senwes Limited of its dominant position in the market for the handling and storage of grain.

Protection for Indigenous Knowledge Systems.

South Africa is a country with rich and diverse cultures, histories and belief systems. Indigenous knowledge derives from the practices and ceremonies of South Africa’s indigenous people relating to inter alia culture, arts and music, religion, agriculture, justice, governance and health practices.

Improved protection for South African geographical indications.

The protection of geographical indications remains a controversial issue, as strong opposing views exist regarding the extent of protection which should be granted.

Anton Piller order served on Verizon. Law South Africa.

It was reported on Thursday, 31 August 2006 that an “Anton Piller order” had been served on Verizon Business by Dimension Data (trading through Internet Solutions).

Data Protection in South Africa.

The issue of data protection on the Internet raises new international legal challenges. With the development of e-commerce, an increased need developed to exchange personal information.

The Right to Access to Information.

South Africa became a democracy in 1994. An interim Constitution was drafted and became in operation on 27 April 1994. The Constitution of the Republic of South Africa 200 of 1993 (hereafter referred to as the “1993 Constitution”) recognised the right to access to information as a fundamental right.

Bafana Bafana:  who owns the nickname of the South African soccer team?

This article was first published in the June 2003 edition of the South African Attorneys´ Journal, De Rebus, and is published here with permission.

In the recent judgment of South African Football Association v Stanton Woodrush (Pty) Ltd and the Registrar of Trade Marks (as yet unreported), the Supreme Court of Appeal dismissed a claim by the South African Football Association (“SAFA”) that it owns the trade mark BAFANA BAFANA in relation to clothing.