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Netflix And The Reach Of Reputation: A Taiwan Trade Mark Decision And The South African Perspective
A Taiwan Intellectual Property Office decision demonstrates how trade mark protection applies to stylised single-letter devices when an earlier mark has gained substantial recognition through extensive use. The case examines Netflix's opposition to a similar stylised 'M' mark and explores the balance between protecting established brand identity and allowing traders to develop their own marks.
South Africa IP
AA
Adams & Adams
Article
The Story Behind The Story: Policy Ambition Or Competition Concern In The Competition Commission’s Draft Guidelines On Repair, Service And Maintenance Aftermarkets?
The Competition Commission's Draft Guidelines on Repair, Service and Maintenance Aftermarkets propose to regulate how original equipment manufacturers control access to repair parts and services. Drawing from decades-old US precedent, these guidelines raise fundamental questions about whether competition law should intervene in aftermarkets where firms may lack traditional market power. The proposed framework risks expanding competition law beyond its conventional boundaries while potentially imposing oblig
South Africa Anti-trust
CD
Cliffe Dekker Hofmeyr
Article
Data Governance Is Not AI Governance
While organisations invest heavily in data governance frameworks to manage information security and compliance, a critical gap is emerging: the assumption that governing data automatically means governing the AI systems that use it. This article examines why data governance and AI governance are distinct disciplines, exploring the unique risks that arise when AI operates faster than the governance structures designed to control it...
South Africa Privacy
E
ENS
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