Protecting Your Intellectual Property

You are in discussions with a potential investor, a potential joint venture partner, licensee or distributor of your intellectual property.  Protecting your intellectual property is critical.  Can you trust them?  Will they walk away with your intellectual property?  How do [...]

By | June 10th, 2016|Categories: Intellectual Property Protection|Tags: , , , |

Why Have an Intellectual Property Strategy?

Do you have a robust intellectual property strategy?  And why does it matter?  Intellectual property is one of the key assets of an organisation.  It is becoming of ever-increasing importance in this digital world where ideas and information can be accessed, [...]

By | June 10th, 2016|Categories: Intellectual Property Protection|Tags: , , |

Top Five Legal Issues Writers Face

When it comes to legal issues writers face, the challenges may differ according to the category each writer falls into. Academic writers, for example, may face completely different legal issues compared to novelists and poets. The one thing that is certain [...]

By | April 22nd, 2016|Categories: Intellectual Property Protection|Tags: , , , |

Competition Law and Joint Ventures

What happens when a group of businesses that all sell the same thing, e.g. bread, get together and decide that they will all charge the same price for bread? Well, the consumer is forced to pay this price because there [...]

By | February 3rd, 2016|Categories: Company Law|Tags: , , |

Joint Venture Partnerships

Partnerships are legal relationships which are based on contracts where two or more people (or companies) agree to carry on business together with the object of making and sharing profits. Partnerships generally involve an ongoing business relationship. Joint venture partnerships [...]

By | February 3rd, 2016|Categories: Company Law|Tags: , |

Using Track Changes for Agreements

Using track changes for agreements is a useful way of negotiating changes to agreements electronically. However, there are some critical points to keep in mind when using this tool. The golden rule is that you must ensure the other party [...]

By | January 28th, 2016|Categories: IT Contracts|Tags: , , |

A Penalty Clause in a Contract raises Questions

You will sometimes find a penalty clause in a contract. Or you might want to include a penalty clause. Or be asked to include one. It is sometimes difficult for someone to claim damages from another who has not done what they agreed they [...]

By | January 14th, 2016|Categories: IT Contracts|Tags: , |

A Modular Approach to Drafting Documents

We often recommend and use a modular approach to drafting documents (like IT contracts, agreements and policies). Akin to building a document out of lego blocks. Not always, but often. It does not suit every agreement nor every offering. We find [...]

By | November 2nd, 2015|Categories: IT Contracts|Tags: , , , , |

Plain language, consumerism and reform of South African contract law

Congratulations to Esti Louw on the publishing of her book. How the plain language movement and contextualism has reshaped the drafting and interpretation of contracts.   When looking at the history and development of the plain language movement and the [...]

By | July 23rd, 2012|Categories: Plain Language|Tags: , |

How does an ordinary reader understand a contract

It looks like in future courts will decide what a contract means based on what an ordinary reader understands it to mean, rather than by following the traditional laws and rules of interpretation. Malcolm Wallis recently wrote an article about how courts [...]

By | March 30th, 2011|Categories: Plain Language|Tags: , , |