Category: Protectable business interests

Restraints unintended consequences: Enforceable and lawful?

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Majoritarianism principle examined: Operational requirements

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Restraint provisions dissected: Discharging onus?

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Infringing protectable interests: Restraining order granted

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Individual rights examined: LRA s187(1)(c) discussed

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Injurious falsehood elements: Truth knowledge cause loss

Smith v Mountain Oaks Winery (Pty) LtdInjurious falsehood elements listed and considered by SCA and found that the statements were not false and in any event knowledge of falsity had not been alleged nor proved. “The...

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General recollected knowledge: Competition allowed

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Complex interdict refused: Court considered interim relief

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential...

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