\>Blog

[Technology]

Regulating data governance

Dr Dirk Brand on 7 December 2023

While the regulation of personal data protection has increased over the past few years and is now well established in most countries in the world, regulating the use and governance of other data is still a fairly new phenomenon. 

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[Intellectual property (Disputes & watching services)]

Winning the battle; but not the war: A lesson in strategic litigation

Chris Brand on 16 November 2023

A pyrrhic victory is much less a victory, and much more a consolation with dire repercussions. Perhaps hyperbole considering the results in the case of Lidl v Tesco [2023] EWHC 873 (Ch), but a lesson none the less must be taken from this judgment. 

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[Technology]

The legal implications of transparency related to artificial intelligence

Dr Dirk Brand on 21 September 2023

Transparency, when used as an important principle in constitutional law, is used as a tool to support accountability and good governance.  Citizens want to see and understand the decisions of public officials, so that they can hold the officials and government accountable. Transparency is also a key principle found in most policy documents on ethical and responsible AI.  While the notion of ‘making visible and understandable’ seems similar, transparency is a much more complex matter when dealing with AI.

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[Technology]

Regulating the AI value chain

Dr Dirk Brand on 4 September 2023

Regulating artificial intelligence is very different to regulating tangible products such as a motor vehicle or consumer goods.  This is simply due to the nature of the technology.  The various attempts to define AI are an indication of the complexity of regulating the technology.  The definition in the EU AI Act is such an example: “a machine-based system designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate outputs such as predictions, recommendations or decisions, which influence physical or virtual environments”.  

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[Technology]

Recent changes to the legal regulation of fibre network deployment

Mari Louw (approved by Dérick Swart) on 22 August 2023

Due to the growing desire for fast and reliable internet access in South Africa, the demand for fibre has boomed in the past decade.  The Independent Communications Authority of South Africa ("ICASA") reports that fibre-to-the-home and fibre-to-the-building subscriptions have grown 4 231% between the years 2015-2021, compared to an increase of 61% for fixed line broadband subscriptions over the same period.

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[Technology]

Managing risks from software projects that involve blueprinting

Dérick Swart on 10 August 2023

The recently reported judgement of the case between Markit Systems and Fulcrum Group in the Gauteng High Court ([2023] ZAGPJHC 429) is like a movie I have seen play out many times over my career as a technology lawyer.  

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[Technology]

The European Union’s Artificial Intelligence (AI) Act in a nutshell

Dr Dirk Brand on 2 August 2023

In the global race to regulate AI, the EU has made significant strides to lead the way when the European Parliament adopted the EU AI Act on 23 June 2023.  It is not yet the end of the road for this new law, since the text must still be discussed with the other key institutions, namely the European Commission and the European Council.  These informal discussions, labelled as trilogues, have started and are aimed to be completed by the end of 2023, whereafter a two-year implementation period is expected.

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[Technology]

Courts rule on further cases that deal with electronic payments gone astray

Mari Louw (approved by Dérick Swart) on 31 July 2023

Business email compromise ("BEC") is a type of scam in terms of which a party's email is compromised and used to send fraudulent messages with the aim to have recipients act on false information, typically leading to the payment of funds into the bank account of the fraudster.

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[Intellectual property (Disputes & watching services)]

Drastic, but effective: Anton Piller orders

Chris Brand on 17 October 2022

Sun Tzu, the author of The Art of War, once said that 'Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.' 

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[Intellectual property (Prosecution & management)]

A brief introduction to series trade marks

Stephanie Zietsman on 9 June 2022

While series trade marks are not recognised under South African law, there are a number of countries (including the UK, Australia and New Zealand) where you are able to secure registered protection for a series of trade marks through a single application.

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