Owners of trade marks in Mozambique should take heed of recent developments in IP rights in the country. While the code governing IP rights in Mozambique does not specifically provide for the cancellation of a trade mark based on non-use, it does require that the proprietor of a registered trade mark file a declaration of intent to use the mark every five years from the date of registation or renewal ...
There’s an interesting trade mark case brewing in Australia, one that has some useful trade mark lessons.Online retail giant Amazon is opposing a trade mark application filed in 2015 by an Australian clothing retailer, Live Clothing, to register the trade mark Glamazon for retail services, including those relating to clothing. On the face of it, this case looks like an absolute “slam-dunk” for Amazon. This case is, however, far from clear ...
If we keep writing about it, it’s because it keeps happening. I refer here to trade mark infringement claims that make the news for all the wrong reasons – claims that attract shock and ridicule and evoke support for the person who’s supposed to be the “bad guy”. Interestingly, one of the common terms used by trade mark owners who make these claims is “tarnishment” ...
The Protection of Personal Information Act, 2013 (or “POPI” as it has colloquially become known) promotes the protection of personal information by requiring that public and private bodies comply with certain standards when collecting, processing, storing and sharing personal information. While POPI has yet to come into effect, there have been some developments moving it closer to implementation ...
In recent months, the South African Minister of Transport gave notice that Cabinet had approved the Comprehensive Maritime Transport Policy, 2017 (“CMTP”). The CMTP makes certain policy statements in order to develop South Africa’s maritime industry. Below, we summarise certain policy statements that relate to the more commercial aspects of shipping, in the order in which they are dealt with in the CMTP ...
The Insurance (Bancassurance) Regulations, 2017 were recently gazetted, giving effect to bancassurance under the Insurance Act, 2017 (which is yet to commence) and the Financial Institutions Act, 2004.The introduction of Bancassurance in UgandaBancassurance refers to an arrangement where an insurance company uses a bank’s sales channels to sell insurance products ...
On 19 July 2017, the South African National Treasury released the 2017 Draft Taxation Laws Amendment Bill (“draft TLAB”) for public comment. One of the proposals contained in the draft TLAB is the deletion of the exemption for foreign employment income contained in section 10(1)(o)(ii) of the Income Tax Act, 1962 with effect from 1 March 2019 ...
The first draft Taxation Laws Amendment Bill, 2017 (the “2017 TLAB”) was released on 19 July 2017 for public comment (due by 18 August 2017).Among other things, it is proposed that the current section 22B of the Income Tax Act, 1962 (the “Act”) and paragraph 43A of the Eight Schedule to the Act, be substituted with a new section 22B and paragraph 43A ...
South Africans who think that their tax burden is going to decrease because country-by-country (“CbC”) reporting does not apply to their company should think again!In addition to the recently released draft notice requiring the submission of CbC reports, master file and local file returns, the South African Revenue Service (“SARS”) has recently issued the External Business Requirements Specification (“BRS”) document, setting out CbC and Financial Data
The window period for South African residents to regularise their unauthorised foreign assets under the Special Voluntary Disclosure Programme (“SVDP”) closes on 31 August 2017. The current SVDP is the latest in a series of such opportunities offered by the Financial Surveillance Department of the South African Reserve Bank (“SARB”), beginning with the 2003 exchange control amnesty ...
BOTSWANA: Amending protocol to treaty with France signedOn 27 July 2017, Botswana and France signed an amending protocol to the Botswana/France Income Tax Treaty, 1999 in Gaborone. CAMEROON: VAT refund procedure available onlineThe Cameroonian Minister of Finance issued a communiqué on 14 June 2017, announcing that the value-added tax (“VAT”) refund procedure has been simplified and is available online as from 3 July 2017 for enterprises registered with the Large Tax Unit ...
The Mauritius Supreme Court, in a decision handed down on 9 August 2017 on the case of Emtel Ltd v The Information and Communication Technologies Authority & Ors, awarded over MUR524-million in damages under article 1382 of the Mauritius Civil Code as a result of the joint “fautes” of the Information and Communication Technologies Authority (the “Authority”), Mauritius Telecom Ltd (“MT”) and Cellplus Mobile Communications Ltd (“Cellplus”) ...
The Supreme Court has ruled in a landmark case that the Tax Appeals Tribunal (“TAT”) has original jurisdiction to hear tax disputes, and the High Court only has appellate jurisdiction. Until now, the long-established position was that the High Court and the TAT had concurrent jurisdiction and a litigant had discretion to lodge an application with the TAT or file the dispute in the High Court. In Uganda Revenue Authority v Rabbo Enterprises (U) Ltd and Mt ...
Today, 7 August 2017, the Independent Communications Authority of South Africa (“ICASA”) published a notice stating its intention to amend the End-user and Subscriber Service Charter Regulations.Of particular interest is the insertion of Regulation 8B, which introduces “out-of-bundle billing practices” and the “expiry of data practices”. The regulations intend to govern the validity period and roll-over of data ...
Section 5 of the Income Tax Act (Cap. 340) (the “ITA”) has been amended to, among others, include a requirement that all rental agreements be executed and effected in Uganda shillings.Below, we summarise this new legal requirement.What is the Meaning of the New Requirement?All rental agreements executed after the law comes into force must express the rent in Uganda shillings and must be payable in Uganda shillings.Is the Law in Force?Yes, the law took effect on 1 July 2017 ...
It is safe to say that BMW protects its trade marks fiercely. As a result, the company has done more than its fair share to shape South African trade mark law. A recent UK trade mark decision involving BMW will therefore be of considerable interest to businesses in South Africa.In a number of cases involving BMW, South African courts have made it very clear that a trade mark registration is only infringed if a third party makes unauthorised “trade mark use” of that trade mark ...
Colleagues and clients alike often comment on the varied, topical and evolving nature of my field of expertise, IP law, as evidenced from my articles over the years. IP is a field of law that’s forever growing, highly relevant, often fascinating and which deals with everyday tangible issues, brands and products that we encounter in the marketplace and media. Three recent news stories show just how much IP intersects with other worlds ...
Two unusual copyright stories are back in the news.The first is the one that involves a monkey, a selfie and a copyright dispute. British photographer David Slater visited Indonesia to photograph the endangered crested black macaque, seemingly with a view to highlighting the species’ plight. During the course of taking his photos, Slater left his camera on a tripod, apparently hoping that the macaques might take selfies. One took the bait and the image became a sensation ...
GHANA: Customs duty on spare parts abolished On 14 June 2017, pursuant to the measures proposed in the 2017 Budget, Parliament passed the Customs Amendment Bill, 2017, which amends the Customs Act, 2015 by abolishing customs duties on the importation of vehicular (including motorcycles and bicycles) spare parts. GHANA: VAT Flat Rate Scheme practice note issued The Ghana Revenue Authority published Practice Note No ...
One of the main action items identified by South Africa’s National Treasury in its summary of the country’s position on the G20/Organisation for Economic Co-operation and Development (“OECD”) action plan on base erosion and profit shifting (“BEPS”), is the requirement for the South African Revenue Service (“SARS”) to update the Transfer Pricing Practice Note in line with the OECD Transfer Pricing Guidelines to include new guidance on the ar
On 6 June 2017, the South African Revenue Service (“SARS”) issued binding private ruling 274 (“BPR 274”). BPR 274 deals with a venture capital company (“VCC”) investing in a company providing and expanding plants for the generation of solar electricity. This brings the number of binding private rulings that SARS has issued in respect of venture capital companies to four ...
On 29 May 2017, Judge Fabricius delivered judgment in the Gauteng High Court in the case of Pienaar Brothers (Pty) Ltd vs Commissioner for the South African Revenue Service and the Minister of Finance, in a case dealing with the Taxation Laws Amendment Act, 2007 (the “Amending Act”) which inserted section 44(9A) into the Income Tax Act, 1962 (the “Act”) ...
Trade union opposition to the use of temporary employment services (“TESs”) – commonly referred to as labour brokers – and concerns that TES employees were not being accorded rights granted to them in terms of South African labour legislation, led to the introduction of amendments to the Labour Relations Act, 1995 (“LRA”) that came into force in January 2015 ...
