Product get-up – when imitation becomes infringement
Standing out in a competitive market and attracting consumers’ attention is not easy. To achieve this, a product’s overall appearance, known as its “get-up”, should be distinctive. A product’s get-up encompasses far more than its name or logo. It includes colours, packaging, shape, layout, graphics, labels and other distinctive visual features that consumers associate with a specific product.
AI chatbots and corporate liability – who takes responsibility?
With the growing use of Artificial Intelligence (AI) and its integration into corporate systems, a key question arises: can a company be held responsible for misleading statements made by its AI chatbot to a customer? This issue arose in Moffatt vs Air Canada, a case concerning a refund for a bereavement fare. Although a Canadian small-claims tribunal decided the case in 2024, its ruling does not bind South African courts.
China’s trade mark reforms – raising the stakes for SA brands
Brand owners doing business in China are being put on notice. From 1 January 2027, the State Council can cancel trade marks registered in bad faith. It can also cancel marks that have become generic or have not been used for three consecutive years without legitimate reason.
Privacy for sale? The law and the pay-or-consent dilemma
Many people are familiar with being asked to accept cookies or agree to the collection of their personal information when using online platforms. But what happens when the choice is to either pay for privacy or consent to even more extensive data collection? Should we have to pay money to protect our privacy? Or should we surrender our personal information to use these platforms?
Counterfeit goods protection – Zambia strengthens border control
Zambia has taken a significant step towards stopping counterfeit goods at the border. It has introduced a new Trade Marks Act. However, the new trade mark enforcement system will only become operational once the Regulations are promulgated.
Matrimonial property law – equality replaces an outdated rule
The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule known as lex domicilii matrimonii. The ruling paves the way for a fairer future for women, same-sex and non-binary couples. A woman challenged the constitutionality of the common law rule. The rule relates to decisions based on a husband’s domicile when a couple marries.
Crypto crackdown – draft manual tightens cross-border controls
The South African Reserve Bank (SARB) and National Treasury published the draft Crypto Asset Manual for Cross-Border Activities for public comment on 3 August 2026. This marks a watershed moment for South Africa’s crypto asset holders and South African Authorised Crypto Asset Service Providers (CASPs). For the first time, cross-border crypto transactions will face a comprehensive regulatory framework with the force of law.
Sibling co-ownership disputes – not every inheritance is a gift
There is something wonderfully optimistic about the word inheritance. It carries a sense of something gained without effort, simply handed down. A holiday home by the sea. A share in a property. Perhaps an investment that has been in the family for years. Then comes the small print. The holiday house is shared with your siblings.
Tax deductibility – SCA rules on financing fees
On 7 September 2026, the Supreme Court of Appeal (SCA) handed down a significant judgment against the South African Revenue Service (SARS). The judgment confirmed that certain financing fees qualify for tax deductions under section 24J of the Income Tax Act, 58 of 1962.
Companies Amendment Act – changes and impact for companies and auditors?
The Companies Amendment Act provisions that took effect on 22 May 2026 introduce amendments to section 30 (annual financial statements), sections 30A and 30B (remuneration policies and remuneration reports), and section 166 (alternative dispute resolution) of the Companies Act 71 of 2008.
