South Africa
Creditor Voting Rights During Business Rescue in Terms of the South African Companies Act 71 Of 2008
Chapter 6 of the South African Companies Act 71 of 2008 (the “Companies Act”) deals with a process referred to under South African law as “business rescue”, aimed at the...Read more
Stef du Plessis
Specialist In-house Legal Counsel, Corporate and Investment Banking, a division of The Standard Bank of South Africa Limited, South Africa
From “Legal as Gatekeeper” to “Legal as Growth Engine”: Building a Digitally Enabled, Risk Intelligent In-house Function Across African and Offshore Markets%20004.jpg&w=256&q=75)
As financial services organisations digitise at pace and extend into multi-jurisdictional markets, in-house legal teams are being asked to do two things at once: uphold uncompressing standards of integrity...Read more
René Du Preez
Group Chief Legal Officer, Standard Bank Group, South Africa
Assignment of Invention – the importance of the assignment date and impact on patent validity
In the recent case, Regents of the University of California and Others v Eurolab (Pty) Ltd and Others ( 2024-039643 ; 2023-108509) [2025] ZACCP 1 (25 February 2025) the Court...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Janusz Luterek
Partner, Hahn & Hahn Attorneys, South Africa
The Interplay between Antitrust Law and
Intellectual Property Law in South Africa:
A Critical Analysis of the OECD Recommendation on Intellectual Property Rights and Competition 
The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators; whilst competition law...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Michael Currie
Partner, Primerio, South Africa
Stephany Torres
Senior Associate, Primerio, South Africa
Joshua Eveleigh
Associate (designate), Primerio, South Africa
Patent law differs in each country, but there are some important equitable doctrines that apply across borders. One such a doctrine is prosecution history estoppel.
The term Estoppel ...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
A right to copy, right?
Copyright is an intellectual property right that vests automatically. The question arises, whether the right has international enforcement due to the nature of the right. Copyright subsists the moment it...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Business rescue may be used to restructure South African state-owned companies
The year 2021 marked ten years since the introduction of a new restructuring and administration regime in South African law, known as "business rescue", by the Companies Act, 2008. Since...Read more
Lerothodi Mohale
Senior Associate, Cdh, South Africa
Sibonile Moyo
Head: Legal Investments (SA) , Development Bank of Southern Africa, South Africa
The Role of the Company in Contemporary South Africa &
Directors Duties: The Accelerated Shift
In this paper I will consider a company’s role in contemporary South African society and whether or not it is necessary to broaden the traditional concept that directors only owe...Read more
Daniella Pellegrini van Rooyen
Tax & Legal, Quiver Tree Capital (Pty), South Africa
Freedom to Operate Conundrum
Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value.
Freedom to use, sell and otherwise...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Pitfalls and the Opportunities of Commercialising and Managing Co-Created Intellectual Property
Intellectual property rights bestow certain rights upon the creator thereof. In particular the right of ownership.
In compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) ...Read more
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa