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Never miss a beat on Africa's legal and regulatory landscape.

ENSafrica

Colour trade marks: another purple patch?

The issue of colour trade marks rears its head from time to time. In theory, it’s very simple – a colour (or a colour combination) can function as a trade mark and can be registered as a trade mark. But many things are great in theory.

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ENSafrica

The ‘double jeopardy’ of illegal and fraudulent gold transactions in Ghana

About 10 years ago, a potential client from abroad requested legal assistance in a gold transaction with local traders in Ghana. From the story the potential client told and the fake-looking documents they had received from the local traders, it was obvious that we had be..

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ENSafrica

More confusion and inconsistency on whether employers must give reasons for terminating a contract of employment

Whether an employer must give reasons for terminating a contract of employment in Uganda remains uncertain. In its recent decision in Adam Kafumbe Mukasa v Uganda Breweries Limited, the Court of Appeal of ..

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ENSafrica

Why a failure to amend FICA could see disinvestment in South Africa’s financial institutions

South Africa has until the end of February 2023 to meet a tight deadline to amend its Financial Intelligence Centre Act, 2001 (“FICA”) or face the consequences of its financial institutions being added to a grey list alongside countries such as Yemen, Sou..

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ENSafrica

Trade marks oceans apart

This article discusses the recent South African Supreme Court of Appeal (“SCA”) judgment of Open Horizon Ltd v Carnilinx (Pty)handed down on 26 May 2022.

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ENSafrica

Collateral arrangements: a brief history

Any transfer of a share issued by a South African incorporated company or listed on a South African exchange is subject to securities transfer tax (“STT”), which is levied in terms of the Securities Transfer Tax..

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ENSafrica

The Vinci Coffee controversy: government did not need to consult with local farmers by law

Despite the outrage following parliament’s recent damning report on an agreement between the Government of Uganda and Vinci Coffee without consultation with local farmers, government was not obliged by law to consult wi..

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ENSafrica

The Vinci Coffee case compounds Uganda’s pressing need for a national competition law

In April 2022, the Ugandan Parliament recommended that a government agreement with Uganda Vinci Coffee Company Limited be terminated on grounds that it was unconstitutional and contravened several other laws of Uga..

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ENSafrica

The High Court of Uganda emphasises the rights of secured creditors in insolvency proceedings

The High Court recently passed a decision (Bank Of India (U) Limited Vs NC Beverages Limited And Uganda Revenue Authority (Civil Suit 0009 of 2021) highlighting the priority of a secured creditor in the winding up or liquidation of a company. ..

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