Legal briefings from the world's leading law firms

Companies may be giving away IP assets at less than their full market value. This article outlines the significant rewards which can be obtained by understanding the IP held by a business, analysing the market in which the IP could be commercialised and completing a comprehensive valuation exercise.

This article courtesy of ENS and Law Business Research Ltd provides a comprehensive guide to South African real estate law and the issues facing it. Areas discussed include legal framework; real estate activity; developments in practice; foreign investment; structuring the investment; and more.

The desire to look youthful sustains a multibillion-dollar industry. In this article, ENS's Gaelyn Scott outlines a number of cases where advertisers have fallen foul of the Advertising Standards Authorities in both the UK and South Africa for using digitally enhanced "before and after" photographs.

In this article, ENS' Elaine de Beer explains why the apprehension regarding obtaining IP protection in Africa may stem more from the IP practitioners tasked with handling matters in Africa than from the companies themselves; and what local law firms are doing to rise to this challenge.

The Companies Act 2008 introduced a new regime to the South African corporate law whereby two or more companies can merge their respective assets and liabilities into one or more combined companies. However, the tax legislation in South African is not fully aligned with the new Companies Act.

The advent of the South African constitutional era brought with it a vigorous inquiry into the relationship between the exercise of power and procedural framework. In this article, ENS outline how this tension between strength and power aptly reflects the challenges facing administrative bodies.

South Africa's Competition Act grants investigative and adjudicative powers to the Competition Commission and the Competition Tribunal in relation to anti-competitive behaviour. ENS outline why a recent complaint is set to determine the extent of the Competition Tribunal's inquisitorial powers.

The introduction of the DAB can be directly linked to the contractor's reliance on the engineer's determination prior to instituting arbitral proceedings. This briefing outlines the two princpal DAB models - "standing" and "ad hoc"; how DAB members are appointed; and DAB remuneration.

In this article, ENS' IP experts discuss the recent high-profile dispute between soft drink manufacturers Frankie's and the retail chain Woolworths regarding certain beverages placed on the market by Woolworths. ENS outline the background to the dispute, relevant IP case law and wider issues.

In a recent South African case, Adidas launched trade mark infringement proceedings in the Western Cape High Court based on its well-known three-stripe trade mark. The case illustrates the divergent views of the same issue that courts in different jurisdictions can take.