South African law journal最新文献_第6页

Notes: The intersection between insolvency and tax avoidance 注:破产和避税之间的交集

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i4a2

T. Legwaila, C. Fritz

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Notes: Who is a ‘parent’ for the purposes of the Intestate Succession Act? Wilsnach NO v TM 注:根据《无遗嘱继承法》，谁是“父母”?将抢走NO v TM

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i4a3

M. Wood-Bodley

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Ben Beinart remembered 本·贝纳特记得

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i1a8

William Beinart

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Notes: Managing and participating in a criminal enterprise under POCA: Duplication of convictions? A discussion of the conflict between S v Prinsloo and S v Tiry 注:根据《防止罪案防治法》管理和参与犯罪活动:重复定罪?论S诉普林斯洛案与S诉蒂里案之间的冲突

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i3a3

Delano Cole Van der Linde

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Notes: Confusion in the removal of directors by shareholders under the Companies Act 71 of 2008: Miller v Natmed Defence (Pty) Ltd 注:根据2008年第71号公司法，股东罢免董事的混淆:Miller诉Natmed Defence (Pty) Ltd

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i4a1

Rehana Cassim

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Disclosure of corporate political donations and expenditure to shareholders: Why South Africa should follow the United Kingdom’s legislative approach 披露公司对股东的政治捐款和支出:南非为什么应该效仿英国的立法方法

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i1a4

Vela Madlela

{"title":"Disclosure of corporate political donations and expenditure to shareholders: Why South Africa should follow the United Kingdom’s legislative approach","authors":"Vela Madlela","doi":"10.47348/salj/v139/i1a4","DOIUrl":"https://doi.org/10.47348/salj/v139/i1a4","url":null,"abstract":"Whilst corporate political donations and expenditure is legally permissible in South Africa, and whilst some companies may be making such donations and incurring such expenditure for valid reasons, corporate political donations and expenditure is frequently associated with secrecy and poor corporate governance practices within companies. One strategy that some corporate-law jurisdictions have adopted to regulate corporate political donations and expenditure is to require company boards to disclose relevant information about such donations and expenditure directly to their shareholders. However, South African law currently does not require companies to disclose their political donations or expenditure directly to the shareholders, either in the annual financial statements, or in the directors’ report that must be included in the annual financial statements, or in the annual report. Following an examination of key policy considerations relevant to the disclosure of corporate political donations and expenditure to shareholders, and an examination of the legislative approach in the UK, the article argues for the effective disclosure of corporate political donations and expenditure to shareholders under the Companies Act 71 of 2008. It then makes detailed recommendations on how such disclosure requirements could be introduced and implemented in South Africa.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70821940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Clearing the CRISPR patent landscape: Towards a solution for South Africa 清除CRISPR专利景观:为南非寻找解决方案

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i2a6

M. Naidoo, D. Thaldar

{"title":"Clearing the CRISPR patent landscape: Towards a solution for South Africa","authors":"M. Naidoo, D. Thaldar","doi":"10.47348/salj/v139/i2a6","DOIUrl":"https://doi.org/10.47348/salj/v139/i2a6","url":null,"abstract":"Patenting activity regarding new CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) genome editing technology has mushroomed to create a vast and complex patent landscape. However, because of South Africa’s current depository patent system, the South African CRISPR patent landscape contains foundational patents with overlapping claims, as highlighted by the ongoing litigation in the United States between the Broad Institute and the University of California. Both these parties were granted four patents in South Africa. Also, the South African landscape may contain multiple low-quality patents that have the potential to obstruct scientific research in South Africa. The solution in the South African context is threefold, but requires that the Intellectual Property Policy of South Africa: Phase I must first be operationalised to: (a) prioritise CRISPR patent applications for formal examination and substantive search and examination; (b) provide sufficient resources for extracurial patent opposition proceedings regarding all CRISPR patent applications and granted patents; and (c) create certainty by developing an obviousness standard with well-defined parameters. Although CRISPR is not yet advanced enough to fall within the class of life-saving technologies in the short-term, CRISPR may become critical in the treatment and eradication of priority diseases such as HIV/AIDS and tuberculosis. Accordingly, prioritising CRISPR-related patent applications serves the public interest in access to healthcare. By using (a), (b) and (c) in tandem, a triple layer of mechanisms will counter the problems of overlapping claims and of lowquality patents, and hence remove these potential obstructions to CRISPR research in South Africa.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70822561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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A Hohfeldian analysis of the Bill of Rights Hohfeldian对《权利法案》的分析

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i3a5

Q. du Plessis

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‘Miserable, laborious, and short’: The lives of animals “悲惨、辛苦、短暂”:动物的生活

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i4a4

D. M. Pretorius

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Hyperlinking and copyright 超链接与版权

South African law journal Pub Date : 2022-01-01 DOI: 10.47348/salj/v139/i1a6

S. Karjiker

{"title":"Hyperlinking and copyright","authors":"S. Karjiker","doi":"10.47348/salj/v139/i1a6","DOIUrl":"https://doi.org/10.47348/salj/v139/i1a6","url":null,"abstract":"This article critically considers the legality of hyperlinking to copyright-protected material on the Internet. It considers the position with respect to standard hyperlinks, and attempts to provide a possible approach in light of the proposed introduction of two new exclusive rights, namely (i) the right of communication to the public; and (ii) the making-available right. These new exclusive rights appear to be an attempt to amend the South African Copyright Act in order to give effect to the 1996 WIPO Copyright Treaty, which sought to ‘digitise’ copyright law in light of the digital technology that had developed. The WIPO Copyright Treaty supplements, in particular, the rights granted to copyright owners under the Berne Convention, extending the right of communication to the public to include the making-available right. Use will be made of the case law of the Court of Justice of the European Union, which has given effect to the right of communication to the public (including the making-available right), following its inclusion in the WIPO Copyright Treaty of 1996. Through a more focused analysis of these exclusive rights, it is intended that this article can provide some guidance to South African lawyers and our courts when considering the application and scope of these exclusive rights.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70821986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0