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Practice Areas
Intellectual Property Law
Technology, Media & Telecommunications
Corporate & Commercial Law
Focus Work
Startups
Scaleups
High Technology Ventures
Expanding Internationally
Investment Transactions
Establishing A Local Presence
Brand owners
Our Content
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Archive
Our People
Careers
Contact
Extranet
hello@swart.law
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Archive
The risk of implied trade mark licences (2026/03/09)
Can an employee be an "operator" for purposes of POPIA? (2026/02/20)
ECTA's framework for automated transactions and transactional agentic AI (2026/02/11)
The role of soft law in AI governance – a regional approach (2025/10/26)
United Kingdom moves to limit trade marks with broad specifications (2025/10/16)
Case law development on exchange control and crypto currency (2025/06/24)
AI & The Law Season 3 Episode 3 - Generative AI From The Ground Up (2025/06/01)
Deodorising sweat equity: New regime for dealing with incentive structures (2025/04/24)
Data privacy considerations when using website tracking technologies (2025/04/16)
AI & The Law Season 3 Episode 1 - Artificial Intelligence & Humanity (2025/04/15)
Countdown for crypto asset service providers to comply with the travel rule (2025/04/03)
Legal waves in the advertisement of alcohol (2025/03/21)
Transparency and automated decision-making – rights of data subjects (2025/03/03)
Does a long-term trade mark licence pose a risk to the validity of a trade mark? (2025/02/18)
Erin talks about the potential risk from long-term trade mark licences (2025/02/18)
Mari explains withholding tax on royalties (2025/02/16)
Introduction to Withholding Taxes on Royalties (Part 1) (2025/02/09)
Mining for similarity – are they similar or not? (2025/02/09)
Can the Information Regulator compel private bodies to submit a PAIA report? (2024/06/26)
AI, human rights, democracy and the rule of law (2024/06/06)
Evergreening: Is it really a case of use it or lose it? (2024/05/06)
AI, elections and democracy (2024/03/11)
Form 4-get-it (Developments in the law relating to direct marketing) (2024/03/08)
Regulating data governance (2023/12/07)
Winning the battle; but not the war: A lesson in strategic litigation (2023/11/16)
The legal implications of transparency related to artificial intelligence (2023/09/21)
Regulating the AI value chain (2023/09/04)
Recent changes to the legal regulation of fibre network deployment (2023/08/22)
Managing risks from software projects that involve blueprinting (2023/08/10)
The European Union’s Artificial Intelligence (AI) Act in a nutshell (2023/08/02)
Courts rule on further cases that deal with electronic payments gone astray (2023/07/31)
Drastic, but effective: Anton Piller orders (2022/10/17)
A brief introduction to series trade marks (2022/06/09)
Beware of shareholders opting out when amending an MOI (2022/06/02)
Case development: Regulatory requirements governing share buy-backs (2022/06/02)
Case development: Can you revive a failed agreement? (2022/05/25)
Kenya requires the recordal of IP rights for imports (2022/05/23)
Data scraping from a South African perspective (2022/05/23)
Will South Africans miss out on the NFT boom? (2022/02/07)
Who owns a trained machine learning model and its output? (2022/01/05)
Can any foreign data privacy legislation ever be "adequate"? (2021/12/16)
Update on requirement for prior authorisation to process data (2021/11/05)
Important changes proposed in draft Companies Amendment Bill 2021 (2021/10/26)
Whatsapp, privacy policies and plain language (2021/10/21)
It’s in the way that you use it – The EU trade mark system (2021/09/28)
Take care to clearly define scope of work in service agreements (2021/09/28)
Can a spoliation order be sought to restore access to Internet services? (2021/08/23)
SWART sponsors this year's Bottle Rocket Competition (2021/03/04)
Reverse engineering: Let's work backwards (2021/02/12)
Graphic User Interfaces: The billion-dollar design registration (2021/02/01)
Bicycle case confirms copyright protection in utilitarian works (2021/01/25)
Effect of failure to publish notice of transfer of business (2021/01/21)
Exchange control loops go for a loop (2021/01/15)
Brexit and .eu domain names – what do you need to know? (2021/01/12)
Copyright, who's your mama? (2021/01/08)
POPIA: is your business ready for data subject notification? (2020/12/14)
A scanned signature renders certain agreements invalid (2020/12/09)
Directors serving on multiple boards – a cautionary SCA judgment (2020/12/03)
Final say on remedies for contractual unfairness (2020/12/03)
On your (trade) marks, get set, GO! (2020/10/29)
Patenting JARVIS (2020/09/10)
POPI is here (2020/09/10)
Trade mark licencing – What happens in a bitter end? (2020/09/08)
Beware inadvertent waiver of right to first refusal (2020/06/17)
Liberty of competition (2020/06/15)
Budget speech proposed exchange control relaxations (2020/06/08)
Who is liable for an intercepted payment? (2020/06/06)
Image rights might have kept Springbok star in South Africa (2020/06/05)
Moore’s semiconductor prediction still driving us forward (2020/04/17)
No palm tree justice in the law of contract (2020/04/10)
Owning a painting does not make you the copyright owner (2020/04/10)
The first patent matter (not) decided by the Constitutional Court (2020/04/10)
How to take intellectual property rights as security (2020/04/09)
The new CIPC compliance checklist (2020/02/13)
Withdrawing an irrevocable offer before acceptance? (2020/02/10)
Protection of image rights in South Africa (2020/02/08)
What is a smart contract and when is it useful? (2019/10/10)
Noteworthy corporate approvals which can trip up transactions and directors (2019/10/10)
The fairness in contract dilemma: should a court of law apply its own sense of justice? (2019/10/10)
Privacy implications when embedding third party widgets (2019/10/10)
Interest disguised as a royalty payment? (2019/10/10)
The obligation to open source proprietary software (2019/10/09)
Developing a roadmap to compliance with data privacy obligations in South Africa (2019/08/02)
Round robin resolutions: take note to disclose true and proper purpose (2019/07/03)
Who owns that dance move? (2019/07/03)
Enforceability of arbitration clauses (2019/07/02)
Can an obligation prescribe like a monetary debt? (2019/07/02)
Jury still out on new Commercial Court (2019/07/02)
The impact of Brexit on trade mark protection (2018/11/27)
The demise of Libor and the risk to contracts (2018/11/24)
Contracts and the Constitution: can courts decline to enforce clear contractual terms in the name of Ubuntu? (2018/11/16)
The importance of documenting licensing arrangements properly (2018/11/15)
How to detect infringements quickly for expedient conflict resolution (2018/11/14)
Can I patent my trade mark design? (2018/11/14)
The need for active watching services (2018/11/14)
The GDPR and POPI (2018/08/07)
PASA launches Debicheck debit order verification service (2018/08/07)
The Copyright Amendment Bill 2017 (2018/07/26)
Landmark case for availability of the appraisal remedy to dissenting shareholders (2018/07/26)
Application of the National Credit Act to surety agreements (2018/07/26)
Will a restraint of trade agreement survive the sale of a business? (2018/06/11)
Can failure to take action pose a bar to later action? (2018/06/11)
Important developments regarding the "without prejudice" rule (2018/06/11)
Landlord's right to cancel lease due to delayed transfer of funds (2018/06/01)
Trade marks with a twist (2018/04/18)
Round robin resolutions: Ease in passing resolutions (2016/03/11)
The misnomer of a “personal financial interest”: director can be conflicted in more than just a financial sense (2016/03/11)
Cancellation of a written contract using email correspondence (2015/02/26)
Developing a cost effective trade mark registration strategy (2013/09/10)
Private companies can be caught off guard by statutory requirements for corporate transactions (2013/08/26)
Managing the uptime of business critical Internet-based systems (2013/07/29)
Conflicts of interest under the new Companies Act (2013/07/10)
Trade mark invalidated due to copyright ownership (2013/04/11)
The memorandum of incorporation under the Companies Act 71 of 2008 (2013/03/28)
Codec licensing: Applicable intellectual property rights (2012/10/12)
The use of the ®, ™ and other trade mark markings in South Africa and globally (2012/08/06)
Using and registering place names as trade marks (2012/06/11)
Source code escrow agreements and developer insolvency (2012/05/22)
Trade marks, the doctrine of notice and the position of the licensee on assignment (2012/05/21)
Service level agreements (2002/12/15)