Browsing PER: 2021 Volume 24 by Issue Date
Now showing items 21-40 of 71
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Enhancing the value of patents as corporate assets in South Africa : how can artificial intelligence (AI) assist?
(PER/PELJ, 2021)Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. ... -
Personal data security in South Africa’s financial services market: the protection of personal information Act 4 of 2013 and the European Union general data protection regulation compared
(PER/PELJ, 2021)The contemporary global financial services market has witnessed a substantial increase in cybercrime which places consumers' personal data at risk. Rapid increases in cybercrime linked to the financial services market ... -
Differences between members and shareholders of a friendly society and the payment of dividends : a South African–Australian perspective
(PER/PELJ, 2021)This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality ... -
Should South Africa criminalise Ukuthwala leading to forced marriages and child marriages?
(PER/PELJ, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the proposed ... -
Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity
(PER/PELJ, 2021)In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the ... -
Municipal instruments in law for Cultural Heritage Protection : a case study of the City of Cape Town Metropolitan Municipality
(PER/PELJ, 2021)The premise of this article is that local government can add to the protection effort of cultural heritage resources in South Africa by way of instruments such as by -laws, planning instruments and local policies. Cultural ... -
Post-resignation survival of fiduciary duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019)
(PER/PELJ, 2021)In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary ... -
Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ... -
Automated facial recognition in law enforcement : the Queen (on application of Edward Bridges) v The Chief Constable of South Wales Police
(PER/PELJ, 2021)The use of automated facial recognition in law enforcement is still a novel practice and as a result the legislative framework for this technology is ill-defined. The judgement of The Queen (on application of Edward ... -
Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review]
(PER/PELJ, 2021)The contribution is the review of the book published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book ... -
Cryptocurrency : towards regulating the unruly Enigma of Fintech in Nigeria and South Africa
(PER/PELJ, 2021)One of the most modern inventions of financial technology (FinTech) since after the global financial crisis of 2008 is the crypto or virtual currency/asset. Since the creation of the first cryptocurrency, the Bitcoin, in ... -
Discovering the value of liberty in intellectual property adjudication: a methodological critique of the reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ)
(PER/PELJ, 2021)This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 ... -
The role of the courts in advancing water security in South Africa
(PER/PELJ, 2021)This article explores the role which courts could play in promoting water security in South Africa. As the country is one of the driest on the continent, its water security issues remain at the forefront of the service ... -
Comment on the single marriage statute : implications for customary marriages
(PER/PELJ, 2021)The South African Law Reform Commission has proposed a single marriage statute to reconcile the several enactments regulating marriage in South Africa. This comment argues that the Bill should include old customary ... -
A note on the ninth amendment to the Constitution of Lesotho
(PER/PELJ, 2021)The Constitution of Lesotho has been amended nine times since its adoption in 1993. The latest amendment, styled the Ninth Amendment to the Constitution, was assented into law in May 2020 amidst great controversy. The ... -
Is the WTO appellate body in Limbo? The roots of the crisis in the WTO dispute settlement body and the available routes navigating the quagmire
(PER/PELJ, 2021)In its over 25 years' history, the dispute settlement mechanism of the World Trade Organisation (WTO) has been touted as one of the most active and successful international adjudicatory systems in relation to other ... -
Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control
(PER/PELJ, 2021)This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation ... -
Corruption and Corporate Governance in Namibia : an analysis of the strategic approaches in the 4th Industrial Revolution
(PER/PELJ, 2021)The advent of new technology and the 4th Industrial Revolution has introduced new facets of corporate crimes and regulatory challenges for the enforcement of anti-corruption laws. Acknowledging the negative effects of ... -
The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa
(PER/PELJ, 2021)The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional ... -
Digital financial services : prospects and challenges
(PER/PELJ, 2021)Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an ...
