Mercantile Law

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Browsing Mercantile Law by Author "Deacon, J."

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    Regsverteenwoordiging tydens dissiplinêre optredes en arbitrasies - 'n kort oorsig oor die huidige regsposisie
    (Faculty of Law, University of the Free State, 2004) Deacon, J.
    English: With the recent amendments to the Labour Relations Act 66 of 1995 the question of legal representation was raised again. This article deals with the current legal position and explains the advantages and disadvantages of legal representation during disciplinary action and arbitrations. In conclusion legal representation should always be an option for any party during any disciplinary action. The presiding officer should, however, have a discretion not to allow legal representation if circumstances allow it. Legal representation will definitely enhance and promote just and fair dispute resolution and disciplinary action. Legal practitioners can play a meaningful role in maintaining good labour relations and ensuring fairness between the employer and employee. There is little justification for summarily excluding legal representation.
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    Trade mark parody in South Africa - the last laugh!
    (Faculty of Law, University of the Free State, 2007-12) Deacon, J.; Govender, I.
    English: This article endeavours to find the balance (if any) in South African law between the rights of trade mark owners from infringement of their trade marks, and the constitutional right to free expression (with particular reference to parody) in a society that advocates the values of democracy and freedom. As intellectual property, registered trade marks deserve the protection of the law, a careful balancing act between property rights and fundamental freedoms must be performed to determine if one outweighs the other. In this regard Laugh It Off Promotions CC v South African Breweries International will be discussed. The position of parody in South African trade mark law desperately needs to have a last laugh, once and for all.