March 2016


The diary of Anne Frank Intellectual Property March 2016

Most people in the intellectual property world will be aware of the current spat between the Anne Frank Fonds (AFF) and two French individuals, called Olivier Ertzscheid and Isabelle Attard, regarding copyright in the famous diary of Anne Frank.

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Music to their ears Intellectual Property March 2016

In The South African Music Performance Rights Association ("SAMPRA") v Foschini Retail Group (Proprietary) Limited and 9 Others (50/2015) [2015] ZASCA 188 (30 November 2015), retailers took on SAM- PRA about needle-time royalty fees for playing sound recordings in retail stores; and won.

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It takes commitment Probono March 2016

From December 2014 to November 2015 Cliffe Dekker Hofmeyr (CDH) donated 7184 hours (in monetary terms – in excess of R12 600 000) in pro bono legal services to individuals and organisations unable to afford to pay for such services. CDH was also involved in a number of high profile human rights and public interest law matters.

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Captive Insurance: New legislation in Mauritius Africa - Mauritius March 2016

The Captive Insurance Act 2015 was recently passed before the National Assembly of Mauritius and the law will now be proclaimed in stages.

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The devil is in implementation Africa - Uganda March 2016

The parliament of Uganda recently passed the Financial Institutions (Amendment) Act, 2015. In short order, the amendment is aimed at the following aspects of Uganda's banking and finance industry: to provide for Islamic Banking, to provide for Bancassurance (Insurance services provided by Banks), to provide for agent banking, regulation of mobile banking and money transfer, reform of the Deposit Protection Fund and greater access to Credit Reference Bureau services.

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The devil is in implementation Africa - Uganda March 2016

The parliament of Uganda recently passed the Financial Institutions (Amendment) Act, 2015. In short order, the amendment is aimed at the following aspects of Uganda's banking and finance industry: to provide for Islamic Banking, to provide for Bancassurance (Insurance services provided by Banks), to provide for agent banking, regulation of mobile banking and money transfer, reform of the Deposit Protection Fund and greater access to Credit Reference Bureau services.

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Most amazing baby boy Platteland Perspective March 2016

One of the most common challenges for courts is deciding whether to accept reasons given for delays in following the rules. From a new case at the Labour Court one thing is clear: the fact that your wife has given birth to "the most amazing baby boy" isn't going to cut it.

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Tales from the US of A... - March 2016 International March 2016

Newspaper ordered to unpublish website information

A judge ordered a Florida newspaper to unpublish material posted on its website. It posted transcripts of taped telephone recordings in which a jailhouse informant bragged about his ability to elicit confessions from fellow inmates. He has already given evidence in two murder cases, is set to testify in three more and has been listed as a prosecution witness in 23 cases in the last two and a half years. The story spoke of the prosecutors' frequent use of the inmate as a jailhouse informant and allegations that he had received special treatment in exchange for his cooperation. The inmate asked for the posts to be taken down to protect his privacy which the court said was his right even whilst behind bars. The newspaper has taken the matter on appeal. First Amendment lawyers have voiced alarm over the order, describing it as judicial censorship. Mark Hansen December 7, 2015

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The World in February - March 2016 International March 2016

England's Health Secretary, Jeremy Hunt announced a new contract overhauling pay and conditions that would be imposed on striking junior doctors. He said that he was doing this to end "uncertainty" in the NHS after a breakdown of negotiations but the outrage that followed the announcement makes likely further demonstrations against the contract. Many junior doctors plan to quit the NHS and one survey found that around 90% of them would consider moving abroad if the contract is imposed. (see Paul Gilbert's article on p50)

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Security arrest of a vessel Shipping Law March 2016

South Africa is one of few jurisdictions that empowers its courts exercising admiralty jurisdiction to order the arrest a vessel for the sole purpose of obtaining security for a maritime claim instituted, or to be instituted, in a foreign jurisdiction, where both the Plaintiff and Defendant are foreigners (peregrini) of South Africa.

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Fighting a good fight The Law March 2016

Last year in the UK, lawyers came under scrutiny from government. The line, simplistically, was that Legal Aid lawyers were too expensive and too inefficient. Politics, of course, thrives on such simplistic arguments. While there may be some kind of truth in some such statements, the arguments are too easy to promulgate and will often shape public opinion before more considered and accurate voices are heard; if they are heard at all.

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National News - March 2016 National News March 2016

Cox Yeats

Partner: Carol McDonald is a Conveyancer and Notary and a member of the Property Team. Jenna Padoa is a member of the Commercial and Natural Resources team and specialises in Commercial Law.

Associate: Tsele Moloi, Wade Ogilvie, Laura Maitre and Spencer Cason.

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Will your firm fall with the Rand? Lifestyle - Gadgets March 2016

South Africa's currency woes need no introduction; anybody with an affinity or need for imported goods or services can attest to the fact that the value of the Rand has had a devastating effect on revenue and expendable income. Whilst we cannot choose or lose our Finance Minister (at a whim), we can make some tough decisions regarding IT expenses.

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Back to the future Lifestyle - Motoring March 2016

Technology is surging forward at warp speed, from terabits to fibre optic Internet, the world around us is shaped by binary code and - as spectacular as microwaves and sliced bread may be - the advances in vehicle technology are mind boggling.

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aftertaste Tesselaarsdal Pinot Noir – Heaven in a glass Lifestyle - Wine March 2016

There is no doubt that the Hemel-en-Aarde region near Hermanus is South Africa's best pinot noir production area. Producers such as Hamilton Russell Vineyards and Bouchard Finlayson have pioneered the production of pinot noir in this cool climate area for two or three decades and a number of great winemakers have started making amazing wines from this area in the past few years. Wines from producers such as Crystallum (Cuvee Cinema); Storm (Vrede); and La Vierge (The Apogee) represent the finest of the more recently established producers from the area and deliver quality and value well above their price points.

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