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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.
Acted for Resource Generation in relation to its secondary listing on the Main Board of the JSE. The listing will occur on 14 July. Resgen currently has a primary listing on the Australian Stock Exchange.
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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.
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Bowman Gilfillan has also entered into an arrangement with CIDA City Campus, particularly in business subjects, in terms of which we prepare the lecture materials for, and present lectures to, their second year students. We also provide CIDA with legal advice. All of this is done free of any charge, as part of our social responsibility programme.
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