PITFALLS IN PROTECTING YOUR INTELLECTUAL PROPERTY - MARIUS GERBER
The backbone of a franchise operation usually involves the licensing of a bundle of intellectual property ((IPP) rights from the franchisor to the franchisee. This bundle of rights can include IP regulated by statute (such as trade marks, patents, designs and copyright) and other forms of IP (such as know-how, confidential information and trade secrets).
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29 May 2008
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FRANCHISING AND THE CONSUMER PROTECTION BILL - EUGENE HONEY
The fourth version of the Consumer Protection Bill ((CPBB) has been published and there is some good news for the franchising industry
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29 May 2008
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FRANCHISING AND THE NEW CONSUMER PROTECTION BILL – EUGENE HONEY
The New Consumer Protection Bill (“CPB”) which is in its third draft form is intended to promote and advance the social and economic welfare of consumers in South Africa by promoting fair business practices and protecting consumers from unfair, unreasonable and improper trade practices, as well as deceptive, misleading, unfair or fraudulent conduct. It is also intended to promote social, economic and environmental responsibility in consumer markets and to facilitate increased consumer awareness and informed consumer choice and behaviour.
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14 March 2008
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FIDUCIARY DUTIES OF A FRANCHISOR
In Silent Pond Investments CC v Woolworths (Pty) Ltd and Engen Petroleum Limited, a recent decision of the Durban and Coast Local Division, case number 3487/2007, certain provisions in a “franchising” contract were considered by the court. The implications this decision might have are discussed below.
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10 September 2007
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ENTREPRENEUR - FRANCHISE APPROVED
Do you have what it takes to be a franchisee? What exactly does franchising entail, anyway? Eugene Honey, partner at Bowman Gilfillan and a member of the Franchising Association of South Africa (FASA’s) executive council, sheds light on the industry.
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05 September 2007
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ROYALTIES TAXABLE
The Supreme Court of Appeal recently, after a period of some uncertainty, confirmed that royalties are taxable.
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07 June 2007
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UNDERSTANDING THE ESSENTIALS OF A FRANCHISE AGREEMENT
A Franchise Agreement is a sophisticated form of Licence Agreement. It is therefore necessary to first look briefly at what a license is and what can be licensed.
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05 April 2007
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