intellectual property

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THE CONSUMER PROTECTION ACT: THE DUTY TO REGISTER NAMES - BY EUGENE HONEY, PROF WIM ALBERTS
Friday, July 23, 2010
The Consumer Protection Act sets up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, also, actions that they may not take. One of the obligations that will apply is that a person providing goods or services to consumers will be allowed to conduct business only under specific names (section 79(1)). A number of scenarios are envisaged by Act.

THE FRANCHISOR'S DUTY OF CARE TO POTENTIAL FRANCHISEES - BY EUGENE HONEY, PROF WIM ALBERTS
Friday, July 23, 2010
In a recent decision in the United Kingdom, MCB Printing and Design Limited v Kall Kwik UK Limited, the existence of a duty of care owed by franchisors in dealing with franchisees, including potential franchisees, was confirmed. In the course of the court's judgment, it dealt with a description of the nature of a franchise. It was stated that although franchised businesses operate with a large degree of independence, there is, as part of the framework, the offer of assistance and services to franchisees for the benefit both of the franchisee and the franchisor. The franchisee has the benefit of the association with a well known name, and of access to an established business framework, and the franchisor inevitably benefits from a business run successfully which reflects well on its brand name. The bases of the franchisee’s case were the following.

UNDERSTANDING IMPORTANT LEGAL ASPECTS OF FRANCHISING
Tuesday, July 20, 2010
A Franchise Agreement is a sophisticated form of Licence Agreement. It is therefore necessary to first look briefly at what a license is and what can be licensed. The graph below sets out the essentials of a License Agreement. You will note that at the core, it is a contractual business relationship between a licensor and licensee. The licensor is either the proprietor or a holder of certain intellectual property rights or technology which he allows the licensee to use in return for some sort of remuneration or other advantage.

MEMORANDA ON DISCLOSURE DOCUMENT OPERATIONS MANUAL
Tuesday, July 20, 2010
Memoranda on Disclosure Document Operations Manual

PROTECTION OF FRANCHISING BRANDS - BY EUGENE HONEY
Tuesday, July 20, 2010
The most valuable asset in most franchise systems is the brand. Amazingly, it is in many instances not properly protected. To obtain competent protection for a brand, it is necessary to register all the trade marks, parts or aspects thereof which form part of the brand, at the South African Trade Marks Registry or at the relevant country or regional registry.

KEY FRANCHISING ASPECTS OF THE CONSUMER PROTECTION ACT
Tuesday, July 20, 2010
Unprepared or weaker Franchisors including particularly those who do not prescribe to competent franchisor practices or fail to provide reasonable value to the franchisees might find themselves vulnerable to a variety of difficulties, when the Consumer Protection Act comes in to operation during October later this year.

KEY ASPECTS OF COPYRIGHT AND KNOW-HOW IN FRANCHISING - BY EUGENE HONEY
Tuesday, July 20, 2010
In addition to the brand, another two types of the intellectual property which are commonly licensed in a franchise system and which are also extremely valuable assets are copyright and know-how. Copyright is the right, broadly speaking, given to the creator, developer or author who may own the copyright, not to have the work copied or reproduced without authorisation.

AN OPPORTUNITY FOR FRANCHISORS: THE CONSUMER PROTECTION ACT - BY EUGENE HONEY
Tuesday, July 06, 2010
The Consumer Protection Act (“the Act”) will apply to franchise agreements and is likely to pose significant challenges to many weaker franchisors, including those which do not abide by best franchise practices or provide reasonable value to their franchisees.

EXPIRED PATENTS CAN BE TREASURE CHESTS FOR THOSE SEEKING TO WEATHER THE STORMY ECONOMIC CLIMATE - BY THEO DU PREEZ
Thursday, July 01, 2010
The enormous rate at which information and knowledge is being created, distributed and disseminated renders it crucial that minds creating them enjoy protection and security. Underlining the importance of such protection is that sophisticated nations – generally the leaders in technological advances – place extraordinary emphasis on how information and knowledge are best protected.

BUSINESS MANAGERS TAKE NOTE: PERSONAL INFORMATION BILL WILL DIRECTLY IMPACT SA COMPANIES - BY WARREN WEERTMAN
Thursday, May 27, 2010
Business managers should closely study the provisions of the new Protection of Personal Information Bill. They must avoid the temptation to ignore it on account of its title. That’s because in addition to the Bill affording important protection for South Africans who divulge their personal information to third parties, it will also have a direct impact on South African companies in a number of ways.

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