Category Archives: 2016

END-TO-END ENCRYPTION – A SOUTH AFRICAN PERSPECTIVE – by Ryszard Lisinski

END-TO-END ENCRYPTION – A SOUTH AFRICAN PERSPECTIVE – by Ryszard Lisinski

Whatsapp users would have noticed the following message “Messages sent to this chat and calls are now secured with end-to-end encryption”. The current South African legislation which governs this topic is the Electronic Communications and Transaction Act of 2002 (“the ECT Act”) and the Interception of Communications and Provision of Communication-related Information Act of 2002… Continue Reading

MICROSOFT WINS LANDMARK APPEAL IN RESPECT OF SEIZURE OF FOREIGN EMAILS (MICROSOFT CORPORATION V UNITED STATES OF AMERICA, UNITED STATES COURT OF APPEALS CASE NUMBER 14-2895) By: Ryszard Lisinski

MICROSOFT WINS LANDMARK APPEAL IN RESPECT OF SEIZURE OF FOREIGN EMAILS (MICROSOFT CORPORATION V UNITED STATES OF AMERICA, UNITED STATES COURT OF APPEALS CASE NUMBER 14-2895) By: Ryszard Lisinski

On 14 July 2016, the United States Court of Appeals for the Second Circuit overturned the decision by a District Court to deny Microsoft’s motion to quash a warrant under the Stored Communications Act and to hold Microsoft in contempt for failing to fully comply with the warrant. The warrant directed Microsoft to seize and… Continue Reading

WHAT TEST DOES A COURT APPLY WHEN FACED WITH AN APPLICATION TO GRANT LEAVE IN TERMS OF SECTION 133(1)(b) OF THE COMPANIES ACT By: Colin Strime – 13 Jul 2016

WHAT TEST DOES A COURT APPLY WHEN FACED WITH AN APPLICATION TO GRANT LEAVE IN TERMS OF SECTION 133(1)(b) OF THE COMPANIES ACT By: Colin Strime – 13 Jul 2016

The first case that dealt with this matter was handled by Fluxmans Inc. The case is Sedick Arendse and Fourteen Others v Van Der Merwe N.O and Evans N.O, a decision of Boruchowitz J. in the Gauteng Local Division of the High Court, Johannesburg. Boruchowitz J. in a well reasoned and well written judgment dealt… Continue Reading

BIDDING ON A COMPETITOR’S COMMON LAW TRADEMARK THROUGH GOOGLE ADWORDS – IS THIS LAWFUL? By Ryszard Lisinski – 14 Jun 2016

BIDDING ON A COMPETITOR’S COMMON LAW TRADEMARK THROUGH GOOGLE ADWORDS – IS THIS LAWFUL? By Ryszard Lisinski – 14 Jun 2016

In the recent matter of Cockrane Steel Products (Pty) Ltd and M-Systems Group (Pty) Ltd and Another click here to view, the full bench found that bidding on a competitor’s common law trademark is not necessarily unlawful and does not automatically amount to unlawful competition or passing off. In this particular matter, the appellant, Cockrane… Continue Reading

CAN ONE PROVE A CLAIM AGAINST AN INSOLVENT COMPANY MORE THAN THREE MONTHS AFTER THE CONCLUSION OF THE SECOND MEETING OF CREDITORS by Colin Strime – 14 Jun 2016

CAN ONE PROVE A CLAIM AGAINST AN INSOLVENT COMPANY MORE THAN THREE MONTHS AFTER THE CONCLUSION OF THE SECOND MEETING OF CREDITORS by Colin Strime – 14 Jun 2016

Prima facie the answer to this question appears to be a simple one. Until the decision of the Supreme Court of Appeals in the matter of Mayo N.O v De Montlehu (2015) ZA SA 127 the answer to the question was not that simple at all. This is so because: Section 44(1) of the Insolvency… Continue Reading