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  • Articles - Sian Evans and Associates
    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 either make note of or amend the following Any conflicts with the unalterable provisions of the MOI or conflicts with the Act should be noted due to the potential voidability thereof and the inability to enforce these provisions Any conflicts with alterable provisions of the MOI should be amended and reflected in the same manner in any Shareholders Agreement The Shareholders Agreement s provisions which should be reflected in the MOI must be reflected in the MOI any provisions which need to be altered should be altered to mirror the MOI Rationale for the Protection of Personal Information Bill February 2nd 2011 Sian Evans 0 comments Constitutional and common law right to privacy currently exist in South Africa It s not an absolute right to privacy but rather one that is balanced against competing interests The right to be left alone should be balanced with the interest of having an open and accountable society i e business can often only fulfil its functions properly if it has access to sufficient personal information Information protection is an aspect of safeguarding a person s right to privacy Current legislative trends worldwide tend towards the drafting and enacting of legislation specifically designed at protecting privacy This has come about due to concerns around the power and enhanced surveillance ability of computer systems Thus the question is no longer whether information can be obtained but rather whether it SHOULD be obtained and where 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

    Original URL path: http://www.sianevans.co.za/news/categories/articles/ (2016-04-24)
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  • Professional Pics - Sian Evans and Associates
    What we do Where we are News Gallery Website Terms and Conditions of Use Email Disclaimer November 24th 2009 Professional Pics About Terms and Conditions Contact Tank Build stuff Copyright Sian Evans and Associates 2009 Intelligent Commercial Tools for Information

    Original URL path: http://www.sianevans.co.za/gallery/professional-pics/ (2016-04-24)
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  • 2009 - Sian Evans and Associates
    released under the GPL if it is released at all This is 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

    Original URL path: http://www.sianevans.co.za/news/2009/ (2016-04-24)
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  • 2009 - Sian Evans and Associates
    released under the GPL if it is released at all This is 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

    Original URL path: http://www.sianevans.co.za/news/2009/10/ (2016-04-24)
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  • 2010 - Sian Evans and Associates
    you have the necessary rights to publish the ad c You warrant that the use 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

    Original URL path: http://www.sianevans.co.za/news/2010/ (2016-04-24)
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  • 2010 - Sian Evans and Associates
    that you have the necessary rights to publish the ad c You warrant that the use 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

    Original URL path: http://www.sianevans.co.za/news/2010/05/ (2016-04-24)
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  • 2011 - Sian Evans and Associates
    TM will normally only offer regional or geographically limited protection unless it can be established that the goodwill in such mark exists countrywide The new Companies Act March 25th 2011 Sian Evans 0 comments The Companies Act was passed into law in 2008 What does this mean for you And what do you need to do think about Generally speaking and in very simplistic terms the Companies Act will change the way you govern your company The Memorandum and Articles of Association will be replaced by a prescribed Memorandum of Incorporation MOI and rules This must contain certain proscribed information and further more will comprise of alterable and unalterable provisions Any Shareholders Agreement and any rule must be consistent with the MOI and the Act itself Any shareholders agreement to the extent it alters the MOI must also have such alterable provision altered in the MOI If the MOI and the Shareholders Agreement conflict the MOI 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 either make note of or amend the following Any conflicts with the unalterable provisions of the MOI or conflicts with the Act should be noted due to the potential voidability thereof and the inability to enforce these provisions Any conflicts with alterable provisions of the MOI should be amended and reflected in the same manner in any Shareholders Agreement The Shareholders Agreement s provisions which should be reflected in the MOI must be reflected in the MOI any provisions which need to be altered should be altered to mirror the MOI Rationale for the Protection of Personal Information Bill February 2nd 2011 Sian Evans 0 comments Constitutional and common law right to privacy currently exist in South Africa It s not an absolute right to privacy but rather one that is balanced against competing interests The right to be left alone should be balanced

    Original URL path: http://www.sianevans.co.za/news/2011/ (2016-04-24)
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  • 2011 - Sian Evans and Associates
    longer whether information can be obtained but rather whether it SHOULD be obtained and where 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

    Original URL path: http://www.sianevans.co.za/news/2011/02/ (2016-04-24)
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