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ENSafrica | August 2021

“We are both created and create. Why cannot our own creations also create?” What a week First we heard that a South African patent for an invention that lists artificial intelligence (“AI”) as its inventor had been issued, a world first. Then we heard that an Australian court had handed down a judgment allowing AI to be listed as the inventor of a corresponding patent in Australia ...

ENSafrica | August 2021

Among the other challenges facing employers in the COVID-19 pandemic is the increasing prevalence of “long COVID”. Although not much is known about long COVID at this time, there are some proactive measures that employers can take to identify and manage it in the workplace. At present, there is no official medical definition of long COVID. What we do know is that some people experience symptoms that last for weeks or months after they have contracted COVID-19 ...

ENSafrica | August 2021

A comment posted on social media last week in South Africa said, “It is only a Coup when it originates from the Coup d'état region in France. Otherwise it is just sparkling insurrection”. For those who are not aware, South Africa has had a few disruptive weeks with violent protests and looting. In-between the angst and sadness, there was still time for a dig at Geographical Indications (“GIs”) ...

ENSafrica | August 2021

The analytics company Clarivate recently published some trade mark filing statistics that tell us quite a bit. They certainly show that despite all the talk of a chronic COVID-19/post-COVID-19 business slump, there’s actually considerable business optimism out there. The statistics also seem to correspond with all the talk we heard recently of trade mark filings being unusually buoyant in the second half of 2020 ...

ENSafrica | August 2021

The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant ...

ENSafrica | August 2021

When can an employer in the private sector interfere with a disciplinary sanction imposed by a chairperson of a disciplinary hearing, in circumstances where the employer’s disciplinary code and procedure make no provision for such interference? In the recent decision in Anglo American Platinum (Ltd) v Edwin Andriaan Beyers, the Labour Appeal Court (“LAC”) was confronted with this question ...

ENSafrica | August 2021

To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee’s employment and pay them a sum of money. In the case of Balsdon v Valley Macadamias Group (Pty) Ltd, the Labour Court had to decide whether it could make a mutual separation agreement a court order in terms of the Labour Relations Act, 1995 (“LRA”) ...

ENSafrica | August 2021

Can an employer require its employees to speak a specific language or to be of a specific nationality as an inherent requirement of the job? Can an employee be dismissed for operational requirements if the employee is unable to speak that language or is not of a specific nationality? Would this be automatically unfair on the basis of unfair discrimination? This issue, along with several other claims, was what the Labour Appeal Court (“LAC”) had to decide in the matter of 

AELEX | August 2021

The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...

AELEX | August 2021

Sharing of content through online platforms – considering digital piracy in Nigeria By Davidson Oturu, Frances Obiago and Oluwatobi Oluwasanya   Introduction Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet ...

AELEX | August 2021

Regulation of Courier and Logistics Company in Nigeria - ǼLEX Legal .avada-select-parent .select-arrow{background-color:#ffffff} ...

AELEX | August 2021

Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet. The impact of digital technology on the Nigerian copyright space cannot be over-emphasised ...

ENSafrica | July 2021

ossibly the most confusing issue in trade mark law is this: when are two trade marks confusingly similar? We’ll discuss two recent European trade mark judgments which hopefully don’t add to the confusion. THE MILEY CYRUS CASE Is the trade mark MILEY CYRUS confusingly similar to the trade mark CYRUS? That’s the issue that the European Union General Court had to grapple with recently ...

ENSafrica | July 2021

In light of the recent Adjusted Alert Level 4 restrictions, the TERS has officially been extended once again for certain affected employees. The new claim period is from 16 March 2021 to 25 July 2021. Applications for the extended TERS benefit opened on 19 July 2021 and payments are due to commence from 26 July 2021 ...

ENSafrica | July 2021

The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk assessments to determine whether they intend to make vaccinations mandatory and for whom ...

ENSafrica | July 2021

A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place ...

AELEX | July 2021

Directors have a fiduciary duty to their companies as they hold positions of trust and confidence and as a result, have an obligation to act in good faith and in the company’s best interests. Ghana’s new Companies Act (Act 992) introduces provisions concerning amongst others, the requirement for Directors to deal transparently while handling transactions, and their obligations when managing conflict-of-interest situations ...

ENSafrica | July 2021

A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H ...

ENSafrica | July 2021

The rapid rise in COVID-19 infection rates and a shift to Adjusted Alert Level 4 in South Africa have heightened many employees’ fears and reluctance about physical work interactions, returning to and/or continuing to work in traditional workplaces. Employers must prepare to manage these concerns properly and be informed of their rights and obligations regarding remote working arrangements. The stakes have never been higher ...

ENSafrica | July 2021

The magazine World Trademark Review (“WTR”) has published some interesting data about football trade marks. Given that we’re all watching the Euros, this might be a good time to discuss some of the links between trade marks and football. Football clubs have significant trade mark portfolios The club that arguably takes trade marks most seriously is Manchester United, with a trade mark portfolio of 586 marks. Next comes Barcelona with 440 ...

ENSafrica | July 2021

At the end of November 2020, the European Commission published a plan for getting the EU out of the mess that it’s in as a result of COVID-19. The report is entitled “.” Although the report is aimed at European authorities and businesses, there are aspects of the plan that have general application ...

ENSafrica | June 2021

 With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...

ENSafrica | June 2021

On 11 June 2021, the Minister of Employment and Labour released the much-anticipated vaccination guidelines. These are included in the amended Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces (the “Directive”). While some have interpreted the Directive as giving employers carte blanche to impose mandatory vaccination policies, this is not the case ...

AELEX | June 2021

Given the new trends and styles that emanate regularly from its players, the fashion industry is one that is constantly evolving. This industry, which is largely characterised by the production, display and sale of clothing, shoes, and perfume products has contributed immensely to the global gross domestic product ...

AELEX | June 2021

nterested in protecting your intellectual property in NIgeria? Read more in our Guidebook on Intellectual Property in Nigeria ...

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