South Africa: Contracts and Commercial Law

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Article
How Companies Can Integrate ESG Considerations To Comply With Evolving Requirements
Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
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
Springboarding A Business: Unlawful Competition, Not Entrepreneurship
A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.
South Africa Commercial
E
ENS
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