South Africa: Contracts and Commercial Law

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Article
Benchmarking AI Services: Why Traditional Benchmarking Clauses Need An Upgrade
AI services demand a fundamentally different approach to benchmarking than traditional outsourcing arrangements. While conventional benchmarking focuses on pricing and service levels, AI systems require continuous assessment of technical performance, operational resilience, and governance standards throughout their lifecycle. This analysis explores why traditional benchmarking clauses fall short and what customers must demand to ensure AI services remain reliable, explainable, secure, and commercially valua
South Africa Media & IT
E
ENS
Article
Can You Recognise A Brand By Colour Alone? The Latest Instagram Trend Says Yes – But Trade Mark Law Isn't Quite So Simple
Instagram's viral colour-swatch trend has brands proving their visual identity without logos or names—but does consumer recognition translate into legal protection? This analysis explores whether colour alone can function as a trade mark under South African law, examining the high evidential threshold required and lessons from landmark disputes involving Cadbury's purple and Louboutin's red sole.
South Africa IP
AA
Adams & Adams
Article
Personal Liability Of Business Rescue Practitioners In South Africa
Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.
South Africa Commercial
BI
Barnard Inc.
Article
The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters
The Devil Wears Prada is more than a cultural phenomenon—it's a complex intellectual property ecosystem involving multiple rights holders, from the original author to the luxury brand itself. This analysis examines how copyright, trademark, and personality rights intersect to create a legally sustainable framework that enables both creative freedom and commercial exploitation in the entertainment industry.
South Africa IP
BI
Barnard Inc.
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