Bringing you the latest news and views from across Africa.
AFRICA: ARUSHA PROTOCOL FOR NEW PLANT VARIETY PROTECTION OFFICIALLY TAKES EFFECT The Arusha Protocol for the Protection of New Varieties of Plants, a landmark initiative under the African Regional...
Notifications Exciting Reforms Ahead for South African Patent and Design LawSouth Africa is on the cusp of a significant transformation in its intellectual property landscape. The Department of Tr...
Controlled foreign companies and the Coronation case: Where to From Here? By Gerhard Nienaber, Director, KISCH Tax Advisory On 21 June 2024, the Constitutional Court handed down its judgme...
Crypto: Tax Compliance and ReportingBy Gerhard Nienaber, Director, KISCH Tax Advisory In 2018, 'Cryptocurrency’ was introduced into the definition of 'financial instrument' in the Income Tax Act No....
Employee Deductions: The Rules for Payroll Taxes By Wilna Scholtz, Director, KISCH Tax AdvisoryIntroduction Employers in South Africa are responsible for withholding various taxes from employees' sal...
Carbon Tax and Carbon Markets: Anticipated Future Trajectories By Gerhard Nienaber, Director, KISCH Tax Advisory Carbon Pricing Carbon pricing is a mechanism to capture external costs and impacts...
Foreign/Offshore Trusts: The Current Landscape By Willem Oberholzer, Director, KISCH Tax Advisory Over the past few years, offshore trusts have become more costly and complex, with many loan stru...
Getting off the Financial Action Task Force's (FATF) 'Grey List'By Wilna Scholtz, Director, KISCH Tax Advisory The Financial Action Task Force’s (FATF) classed South Africa as a jurisdiction “subject...
Moving Intellectual Property Offshore: Exchange Control, Transfer Pricing and Capital GainsBy Willem Oberholzer, Director, KISCH Tax Advisory Many South African companies are looking to externalise t...
Pillar Two: The Future of Incentives By Willem Oberholzer, Director, KISCH Tax AdvisoryOn 20 December 2021, the Organisation for Economic Co-operation and Development (OECD) released the Pillar...
Tax: When is R&D Deductible at an Inflated Rate? - Section 11D of the Income Tax Act By Willem Oberholzer, Director, KISCH Tax AdvisoryPublic sector investment aimed at bolstering research...
Tax Ombud: How it Works and How it is PerformingBy Gerhard Nienaber, Director, KISCH Tax Advisory The Office of the Tax Ombud (OTO) was established in October 2013 to enhance the South African tax ad...
Tax in Africa: Emerging Trends and Transformations - OECD Revenue Statistics in Africa 2023 ReportThe Organisation for Co-operation and Economic Development (“OECD”) Revenue Statistics in Africa 2023...
Tax Treaties: Double Taxation and Recent DevelopmentsBy Willem Oberholzer, Director, KISCH Tax Advisory Tax planning at a global level often draws scrutiny from certain jurisdictions, as it can be see...
VAT and Cross-Border Electronically Supplied ServicesBy Wilna Scholtz, Director, KISCH Tax AdvisoryAccording to South African legislation, Value-Added Tax (“VAT”) is levied on vendors' supplies of goo...
ENVIRONMENTAL & SOCIAL RESPONSIBILITIES 2023-2024 Charity Drive: Supporting the oThongathi (Tongaat) Community This past year, we launched a company-wide charity drive, encouraging employees...
After being involved in a 9 year long legal battle, the Supreme Court of Appeal agreed with the High Court full bench that the TAKIS mark owned by Takis Biltong (Pty) Ltd and the TAKIS FUEGO mark owned by Grupo Bimbo S.A.B DE C.V are...
2023 saw a massive wave of interest in AI, and it is a dramatically growing industry – indicators suggest that the market size of AI is projected to grow at a compound annual growth rate of 36.6% from 2024 to 2030.[1] As an attorney specializing...
The convergence of insolvency proceedings and intellectual property management necessitates a nuanced understanding of the legal frameworks and operational mechanisms that govern these fields. This ar...
The South African government, like in several other countries, has recognised the need for private sector research and development (R&D). This is evident from South Africa’s National Research and...
In the multifaceted world of Intellectual Property, securing robust patent protection is a strategic necessity for inventors and businesses alike. Among the tools available to patent applicants, divis...
In the Advertising Regulatory Board (ARB) decision dated 16 July 2024, the ARB acknowledged that Procter & Gamble SA (Pty) Ltd had taken a positive step towards realistically depicting menstruatio...
ENVIRONMENTAL & SOCIAL RESPONSIBILITIES This year, in honor of Women's Month, we embarked on a successful charity drive for Uhle.Paddrive. Our goal was to collect 100 sanitary products, and t...
A landmark Treaty recently passed by the World Intellectual Property Organization (WIPO) aims to safeguard Africa's genetic resources and associated traditional knowledge, marking a significant step i...
In the ever-evolving landscape of global finance, the South African Rand (ZAR) has been a silent participant in a tumultuous dance with destiny. The question on everyone's mind: Is the South African c...
ENVIRONMENTAL & SOCIAL RESPONSIBILITIES For Mandela Day 2024, we had the honor of visiting Manger Care Centre and donating much-needed groceries to support their ongoing efforts. During our v...
What happens in the instance where a trade mark is erroneously registered or erroneously remains on the register? A trade mark which for whatever reason should not have proceeded to registration or wr...
in celebration of Africa Day 2024 in celebration of Africa Day 2024 Transforming African Economies through Innovation and Education in IP in celebration of Africa Day 2024 Transforming Afr...
ENVIRONMENTAL & SOCIAL RESPONSIBILITIES For Women’s Day 2023, we had the privilege of hosting Zaakira Mahomed, the founder of The Mina Foundation. During an inspiring talk, Zaakira shared the...
ENVIRONMENTAL & SOCIAL RESPONSIBILITIES This year, for Mandela Day 2023, we had the privilege of participating in a range of volunteer activities that truly captured the spirit of service and gi...
DIVISIONAL PATENTS AND DOUBLE PATENTING IN SOUTH AFRICA Patent applicants often consider filing divisional patent applications in South Africa. This is frequently undertaken on the back of divisional...
PRIVACY CASELAW AND THE KEY TAKEAWAYSSince the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) came into effect, the courts have been seemingly reluctant to rely on POPIA in their judgm...
NAVIGATING INTELLECTUAL PROPERTY RIGHTS IN VIDEO GAME DEVELOPMENTOwners of well-known brands understand that intellectual property infringement proceedings can be brought in each territory where they...
