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A trademark is a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person.’
A trademark, generally speaking, is a mark (sign, logo, slogan etc) that one or an entity intends to use for the purpose of identifying their goods or services from others. In other words, it is a sign that identifies certain goods or services that are offered by a particular entity or individual.
Many people prefer some products over others, and for various reasons. It could be that the preferred products are of better quality, reasonably priced or even for sentimental significance. Sometimes other products have an established and unbeatable reputation in the market, resonating well with a particular section of the population better than other products. Businesses therefore, do all they can to protect their brand and image, so that other players may not benefit from their established reputations in driving sales.
As alluded in our previous instalment on consumer rights, the purpose of the Consumer Protection Act 68 of 2008 (the CPA), is to ‘promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices…’
The Property Practitioners Act 22 of 2019 (PPA) came into effect on the 1st of February 2022, thereby repealing the Estate Agency Affairs Act of 1976, which had largely regulated the real estate sector in South Africa. Under the PPA, all parties who deal with property and related matters in their ordinary course of business are all referred to as property practitioners.
Central to the purpose of the Consumer Protection Act 68 of 2008 (the CPA), is to ‘promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices…’
Agreements/contracts are part of everyday life and each time parties transact, it would be the culmination of their consensus to do so. With the exception of a few (alienation of land, deed of suretyship), contracts may legally be concluded verbally. However, it is advisable for parties to reduce agreements into writing for ease of reference as it is much easier to resolve disputes by referring to the terms of the contract itself.
As businesses move to recover from the effects of the Covid-19 pandemic, in some way consumers are getting the better end of the bargain. A good number of shops and suppliers are offering sales, discounts and specials to get an upper hand over their competitors and gain a substantial share in the market. While this may definitely be pocket friendly for the average shopper/consumer, the need to scrutinise the terms and conditions upon which these bargains come is ever important.
The Reserve Bank of South Africa (SARB) recently announced that the Monetary Policy Committee (MPC) had decided to raise the repo rate by 50 basis points, to 4.75% with effect from the 20th of May 2022. This is a departure (though not shocking) from a trend that the market had got accustomed to, where the rate mostly fluctuated on a quarter point basis.
The right to privacy is one of the fundamental rights that are protected in the Constitution of the Republic of South Africa Act 108 of 1996 (the Constitution). Indeed, privacy is one of the key issues that have been of much debate in the past two decades the world over. In the context of South Africa, we recently saw the coming into effect of the Protection of Personal Information Act 4 of 2013 in July 2020, although some of its sections had came into effect in 2014.
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