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  • Terms and Conditions - Sian Evans and Associates
    the foot of each account Provision of information to us It is your responsibility to provide us with complete accurate and timely information where we have requested this and to carry out any other obligations ascribed to you or others We will not be responsible for any consequences which may arise from any delay or your failure to do so and these may also result in additional fees being charged Provision of advice We will provide the services to you with reasonable skill and care in accordance with the professional standard expected of us and in a timely manner The nature and content of any advice we provide will necessarily reflect the law as it applies in South Africa at that point in time It will also reflect the specific scope and limitations of a specific instruction as set out in our LOE If at your request we provide our advice in an abbreviated format or time scale you acknowledge that you will not receive all the information you would have received had we provided a full written report or had more time in which to carry out the work Provision of opinions The law can be interpreted in many different ways and therefore we are only able to give you our opinion on how the law will be interpreted We cannot and do not guarantee our opinion nor give any representation warranty or indemnity with regard to it We do however act strictly in accordance with the professional standard to be expected of us in giving the opinion Reliance on advice Our advice is provided for your benefit Accordingly any advice given to you whether verbally or in writing shall be based on the information you supply to us and we are not liable to you or to any third party for any damages suffered as a result of your failure to disclose any relevant information to us Our advice is also provided to you in a particular context based on your unique facts and circumstances Accordingly our advice is given for your sole use and may only be relied on by you No party other shall be entitled to rely on advice given by us to you for any purpose whatsoever You are solely responsible for making all management decisions and performing all management functions designating a competent management member to oversee the services evaluating the adequacy and results of the services accepting responsibility for the results of the services and establishing and maintaining internal controls including without limitation monitoring ongoing activities We accordingly disclaim any responsibility for the use our advice for a different entity or in a different context and you hereby indemnify us against any claim by any third party arising from advice given by us to you Intellectual property We retain all copyright and other intellectual property rights in all documents and other works we develop or generate for you in providing the services including know how working materials and final documents We hereby

    Original URL path: http://www.sianevans.co.za/terms-and-conditions/ (2016-04-24)
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  • Contact - Sian Evans and Associates
    Where we are News Gallery Website Terms and Conditions of Use Email Disclaimer Message Name Email will not be shared Contact Number optional remember me About Terms and Conditions Contact Tank Build stuff Copyright Sian Evans and Associates 2009 Intelligent

    Original URL path: http://www.sianevans.co.za/contact/ (2016-04-24)
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  • Common Law Trademark Protection - Sian Evans and Associates
    It is important to make this distinction as the risk associated with the use of a registered TM and the use of a TM protected only at common law will differ based on the ease of successful prosecution If the mark in question is not registered an application cannot be brought in terms of TM infringement but must be brought as an action for passing off Passing off requires that the following must be proved in order to succeed in an action for passing a An existing goodwill or reputation in the name or mark sufficient to demonstrate that the name or mark is linked in the minds of the public with the applicant b The respondent using the mark unlawfully has represented itself in association with the mark in a manner which is likely to confuse or deceive the public c The deception has caused or is likely to cause damage to the applicant s goodwill The applicant will therefore have to prove both the existence of goodwill and the likelihood of the public being deceived or confused by the unauthorised use of the common law mark Further in the case of infringement of a registered TM the third party using such registered TM will have to show that they are NOT infringing the mark In the case of an unregistered mark as is this case in order to prevent the use of an unregistered TM by a third party and to be successful in an unlawful competition or passing off action it is necessary for the applicant to prove that as a result of the use it has made of the trade mark it has developed a reputation in the mark this being the goodwill aspect and that the use of the mark complained of is likely to

    Original URL path: http://www.sianevans.co.za/news/2011/08/05/common-law-trademark-protection/ (2016-04-24)
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  • The new Companies Act - Sian Evans and Associates
    will prevail To a great extent the relevance of a Shareholders Agreement is in many instances negated due to the fact that many of the standard provisions of a Shareholders Agreement must now be stated in the MOI anyway During the transitional period a grace period of 2 years from the general effective date will be granted to companies During that period existing provisions relating to the governance of a company will continue to apply as is Post the 2 year grace period such provisions will continue to apply but only to the extent that they do not conflict with 2008 Act All companies will be deemed to have an MOI which will consist of The Memorandum and Articles of Association and Any other document by which the company is structured and or governed Where to from here All companies operating under a trading as name should amend their registered name as this will no longer be compliant with the Act Companies should furthermore review the following documents The Memorandum and Articles of Association The Shareholders Agreement Contracts with Directors and Any other document by which the company is structured and or governed Following this review the company should then

    Original URL path: http://www.sianevans.co.za/news/2011/03/25/the-new-companies-act/ (2016-04-24)
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  • Rationale for the Protection of Personal Information Bill - Sian Evans and Associates
    it has been obtained how it should be used The underlying assumption is as follows if the collection of personal information is allowed by law then the fairness integrity and effectiveness of such collection and use should also be protected When information is provided in one context it should not be used in another The principles informing the legislation will be drawn from traditional delictual principles as influenced by the Constitution No longer is the issue of privacy a domestic problem Most international instruments require that trans border flows of personal information are restricted to countries that do not have a certain level of privacy protection the safe harbour principle so called cf OECD Guidelines Governing the Protection of Privacy and Trans border Data Flows of Personal Data and the European Union Data Protection Directive In most instances this requires at a minimum that countries enact legislation specifically intended to protect personal information This will inter alia govern what is considered an appropriate means and purpose for the collection of personal information Privacy is thus a critical issue in that it could potentially form a barrier to international trade Remedying this problem by enacting legislation that complies with International Instruments will however require SA to follow similar stringent tests with regards to other countries with whom we exchange information This would mean that trade with Africa could be made slightly more difficult in that any trans border information flows would have to be assessed on a casuistic basis Nevertheless and with the intentions of creating a strong African trading block it would be in the interests of Africa to develop appropriate trading regulations and protections The enactment of this specific privacy legislation will result in amendments to other pieces of South African legislation most notable the Promotion of Access to

    Original URL path: http://www.sianevans.co.za/news/2011/02/02/rationale-for-the-protection-of-personal-information-bill/ (2016-04-24)
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  • Goodgle Adwords and Trademark Term Searches - Sian Evans and Associates
    of the ads will not violate any code or any third party s proprietary Intellectual Property which would include registered and unregistered TM s Google is not acting as the initial arbiter in determining whether the use of a TM is legal or not but does not and could never condone such illegal use As this has always been the policy in Google Ireland s terms and conditions and as South Africa has always subscribed to these terms and conditions South Africa has never had a right to complain to Google about keywords only ad text But it is important to note that all common law or legislated rights and remedies for preventing abuse of a TM remain available for use by the TM owner as a corporate policy does not supersede the law Other Jurisdictions As you are aware Google recently announced a shift in the current TM policy contained in both the terms and conditions relating to the US and also to most of Western Europe for their Google Adwords This change caused quite a stir among the major brand players in the marketplace Basically Google decide it no longer wanted to play policeman and as such announced that they will no longer police TM usage As long as the advertiser actually has the TM on their website and is actually either selling the product or service or providing unbiased information about the product or service related to the mark in question the particular advertiser was entitled in terms of Google s policy to use such TM in their ad text without requiring permission from the owner of the particular TM It is important to note that this policy cannot and does not trump the law of the jurisdiction in which the marks are utilised It merely absolves

    Original URL path: http://www.sianevans.co.za/news/2010/05/21/goodgle-adwords-and-trademark-term-searches/ (2016-04-24)
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  • GPL Code and Proprietary Software - Sian Evans and Associates
    for two reasons to make sure that users who get the software get the freedom they should have and to encourage people to give back improvements that they make However in many cases you can distribute the GPL covered software alongside your proprietary system To do this validly you must make sure that the free and non free programs communicate at arms length that they are not combined in a way that would make them effectively a single program The difference between this and incorporating the GPL covered software is partly a matter of substance and partly form The substantive part is this if the two programs are combined so that they become effectively two parts of one program then you can t treat them as two separate programs So the GPL has to cover the whole thing If the two programs remain well separated like the compiler and the kernel or like an editor and a shell then you can treat them as two separate programs but you have to do it properly The issue is simply one of form how you describe what you are doing Why do we care about this Because we want to make sure

    Original URL path: http://www.sianevans.co.za/news/2009/10/14/gpl-code-and-proprietary-software/ (2016-04-24)
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  • Archives - Sian Evans and Associates
    March April May June July August September October 1 November December 2010 1 January February March April May 1 June July August September October November December 2011 3 January February 1 March 1 April May June July August 1 September

    Original URL path: http://www.sianevans.co.za/news/archives/ (2016-04-24)
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