clients

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Insights that are intended for clients of Michalsons.

Complying with RICA – a guide

RICA stands for the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 and finally came into effect on 30 September 2005. RICA is the piece of South African legislation that governs the interception or [...]

By |2019-02-18T19:22:41+02:00January 1st, 2019|Categories: Monitoring Law|Tags: , , , , , |

How to conduct an IP Audit

This article describes the best method of approaching (or process of conducting) an IP audit or an intangible asset audit. It involves five steps: Engage, gather documents, conduct background research and agree on audit plan (Step 1) Get buy-in from [...]

By |2017-12-07T07:01:37+02:00August 9th, 2013|Categories: Intellectual Property Protection|Tags: , , , , |

The Critical Success Factors for conducting an IP Audit

Conducting thorough Intellectual Property audits or IP audits of all the intangible assets or intellectual property (IP) that an organisation owns is a time-consuming and often costly business. You want to get it right and make sure that maximum value is [...]

To use capital letters for defined words or not?

After having given it considerable thought, and after having carefully listened to our thought leader on plain language, Andrew Weeks, Michalsons have decided to dramatically minimise the use of capital letters for defined words in our contracts, if not do [...]

By |2018-12-13T15:29:21+02:00September 10th, 2012|Categories: Plain Language|Tags: |

Reasonable efforts: what is the standard?

We often get asked what the difference is between "reasonable efforts" and "best efforts".  Sometimes they are referred to as "reasonable endeavours" or "best endeavours".  It is often a sticking point in the negotiation of agreements and sometimes causes disputes.  [...]

By |2019-08-20T12:19:08+02:00September 5th, 2012|Categories: Contracts|Tags: , |

The rights to a database | Who owns the copyright in data?

Databases and the data in them have become very valuable assets. People often ask, what is the law relating to data ownership? What is a database? How do you define a database in an agreement? How does the law [...]

Liability for Impersonating Someone Online

Does the law allow you to impersonate someone online? An American woman in New Jersey found a possible answer to this question. She  was charged with identity theft and faced 18 months in prison for impersonating her ex-boyfriend on Facebook [...]

By |2019-07-31T11:06:33+02:00November 8th, 2011|Categories: Social Media Law|Tags: , |

When the CPA applies to some customers, but not others

When asked to convert legal documents to ensure that they are compliant with the Consumer Protection Act (CPA) and its regulations sometimes a difficult situation arises: what happens if the CPA would only apply to some of your customers, but [...]

By |2019-08-20T16:09:25+02:00May 28th, 2011|Categories: Consumer Protection|Tags: , , |

Privacy and Data Protection in Healthcare in South Africa

Are you wondering how the Protection of Personal Information Act (POPI Act) will affect your organisation or the healthcare industry? Are you trying to determine what laws are relevant and how you can practice good governance? The POPI Act (together [...]

By |2019-03-29T12:54:22+02:00February 23rd, 2011|Categories: POPI and Data Protection|Tags: , , |