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Abstract Presenters (short papers)

 

Abstract Presenter profiles have been divided up and listed alphabetically according to surname. To view an presenters profile, click the link indicating the scholarly author's last name.

 

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Alqudah, Mutasim (Jordan): Ensuring Transparency in Concluding Online Business-to-Consumer Arbitration Agreements

 

Barratt, Amanda (South Africa): Honour and dignity in South African private law

 

Cassim, Maleka Femida (South Africa): Some Difficult Aspects of Pre-Incorporation Contracts in South African Law and Other Jurisdictions

 

Church, Joan and Church, Jacqueline (South Africa): Culture and Legal Development Reform: Ancient Practice and Modern Challenges

 

Drimiotou, Elena (Greece): Judicial Review of Racial Distinctions

 

Eck, Stefan van (South Africa): Employment Agencies: International Norms and the Debate in South Africa

 

Gericke, Ezette (South Africa): A proposed model for the regulation of fixed-term contracts in South Africa: A Comparative analysis

 

Joubert, EP & van Eck, BPS (South Africa): Protection of Employees during Business Rescue Proceedings: Comparative Analysis between South Africa and Australia

 

Mosier, Gregory C. (USA): Where Are You… And Who Needs To Know? Geolocation Information Protection In The United States

 

Mpya, Maropeng Norman and Zwane, Philile (South Africa): Protection of the consumer in e-commerce: The impact of Consumer Protection Act 68 2008 in using cell Phones for direct marketing

 

Pickles, Camilla (South Africa): Does the South African legal system effectively balance female reproductive rights and foetal interests in the context of termination of pregnancy legislation? A look at the Constitution, case law and the Choice on Termination of Pregnancy Act 92 of 1998

 

Weckström, Katja (Finland): Trademarks in Virtual Worlds

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Ensuring Transparency in Concluding Online Business-to-Consumer Arbitration Agreements by Mutasim Alqudah, Hashemite University, Jordan.

 

 

Dr. Mutasim Ahamd Alqudah is an Assistant Professor of Commercial Law at the Hashemite University in Jordan. He is lecturing in Business Law, Corporate Law, Negotiable instruments and Banking Law, Civil Law of Obligations, International Trade Law, and Insurance Law. He is admitted as an Attorney at Law in Jordan. His area of practice is Arbitration, Conflict of Laws, Corporate, Banking, and Energy Law. Dr. Alqudah graduated with a PhD in International Commercial Law from University of Leicester (England); He also did his LLM in international Commercial Law at the University of Kent (England), and the Bachelor of Law at Yarmouk University in Jordan.

 

 

Abstract

This Article argues that the current rules governing online B2C arbitration under the English Law and The US. Federal Law do not ensure transparency in the method of introducing the arbitration clause to the consumer. The business is not obliged to specifically notify the consumer about the arbitration clause interested in the B2C e-commerce contract. This is because of two reasons. First, consent to the arbitration clause is governed by ordinary contract law rules. This means that objective consent standard applies to determine whether the parties have consented to the arbitration clause. Objective consent ''refers to the parties' apparent intention reasonably interpreted from his conduct''. In other words, according to the objective consent standard the contract is deemed concluded if the ''parties appear to be in agreement''. Second, like the general rules of contract law, rules of unfairness and uconscionability do not place the business under the obligation to give the consumer a notice about the existence of the arbitration clause. This article deliberates on ways to overcome this problem, and in particular to oblige the business to disclose the existence of the arbitration clause to the consumer by using a separate icon in the B2C e-commerce contract.

 

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Honour and dignity in South African private law by Amanda Barratt, University of Capetown, South Africa.

 

 

Amanda Barratt has a BA degree (with distinction) from the University of Cape Town; a BA (Hons) degree in Economic History from UCT; an LLB degree (with distinction) from the University of South Africa and a PhD in Law from UCT. After completing her PhD in 2008, Amanda joined the Law Faculty as a full-time lecturer. Amanda coordinates and teaches the LLB course on Persons and the Family; also teaches on the Law Faculty's Academic Development Programme; and on an LLM course on IP and Development.Amanda's PhD looked at the potential strategic advantages for developing countries of adopting a human rights-based approach when negotiating international intellectual property treaties. Amanda's other interests in intellectual property law include open-access licensing of copyrighted and patented materials; and the law's recognition and protection of cultural 'authenticity'. At present, Amanda is concentrating her research on cultural, social and legal aspects of 'love and sex and marriage' in Victorian Cape Town. Amanda also has an interest in legal education and skills development. Amanda is currently editing and co-writing a student textbook Law of Persons and Family, which will be published by Pearson in January 2012.

Abstract

In South Africa, the constitutional right to inherent human dignity is understood as "an acknowledgment of the intrinsic worth of human beings: human beings are entitled to be treated as worthy of respect and concern." Judges adjudicating civil delictual claims based on infringements of dignitas (for example, defamation, insult, and adultery) have concluded that these are infringements of "dignity," which is understood to be similar to constitutional "human dignity." Historically, however, the private law right to dignitas protected not dignity, but "honour," a concept less well-defined than inherent human dignity. Many scholars regard honour as something completely different from "dignity" as protected by human rights systems: Honour is linked to prestige and rank, and can be lost; human dignity is an egalitarian value, which all humans share. This paper examines both concepts. It looks at several civil delictual judgments, and discusses whether it is appropriate to equate private law dignitas with constitutional human dignity.

 

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Some Difficult Aspects of Pre-Incorporation Contracts in South African Law and Other Jurisdictions by Dr. Maleka Femida Cassim, University of Pretoria South Africa, South Africa.

 

 

 

 

 

 

 

 

 

Maleka Femida Cassim is a Senior Lecturer in the Department of Mercantile Law at the University of Pretoria, South Africa. A qualified medical doctor, she holds an MBBCh (with distinction) from the University of the Witwatersrand. She also holds a post-graduate LLB (with distinction) and an LLM in Company law (with distinction) both from the University of the Witwatersrand. Femida is an admitted Attorney and Notary Public of the High Court of South Africa.Femida was the recipient of the Vice-Chancellor’s Scholarship over the course of her MBBCh studies at the University of the Witwatersrand. During her LLB studies, she was the recipient of the Society of Advocates Prize for the most distinguished LLB graduate, together with numerous other prizes and merit certificates. Femida completed her articles of clerkship at Bowman Gilfillan Attorneys. During the course of her articles she was awarded the President’s Medallion, as well as other Law Society awards. After completing her articles of clerkship, Femida practiced as an Associate at Bowman Gilfillan Attorneys, specialising in Corporate law and Pharmaceutical and Health Care law. She joined the University of the Witwatersrand as a lecturer in 2007, and was promoted to Senior Lecturer in 2009. In January 2011, she joined the Mercantile Law Department of the University of Pretoria as a Senior Lecturer. Femida has also lectured at Postgraduate level, teaching Company Law to LLM students.She is a co-author of FHI Cassim et al Contemporary Company Law (2011, Juta), a peer-reviewed textbook on the new South African Companies Act of 2008, in which she has written six chapters.

 

Abstract

It is trite that under the general principles of agency law an agent may not contract on behalf of a non-existent principal and that the principal, once it comes into existence, may not ratify such a contract. In recognition of the importance of pre-incorporation contracts in commercial practice, a statutory exception is made in many jurisdictions in respect of companies that are yet to be formed. This paper discusses the new South African approach to pre-incorporation contracts under the new Companies Act 71 of 2008, its difficulties and likely problems. The focus is on the ratification by companies of pre-incorporation contracts, the type of liability imposed on the agent in the event of non-ratification, and the rights of the parties in the interim period prior to ratification. A comparative approach is adopted, that takes into account inter alia Australian, New Zealand, United Kingdom and Canadian law. Aspects of the stipulatio alteri or contract for the benefit of the third party are also discussed.

 

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Culture and Legal Development Reform: Ancient Practice and Modern Challenges by Prof Joan Church and Ms Jacqueline Church, University of Pretoria, South Africa.

 

 

 

 

 

 

 

Jacqueline Church is a senior lecturer in the Department of Mercantile Law, University of Pretoria. She holds the degrees BCom(Law)(Pret) ; LLB (Pret) and LLM (UNISA). She was admitted as an attorney of the High Court of South Africa in 1994.Jacqueline prosecuted in the Magistrate's Court, Randburg and was admitted as an attorney of the High Court of South Africa in 1994.Jacqueline is a member of the Mercantile Law Department. She has been lecturing since 1992 at a number of institutions including UNISA (in a part time capacity), Vista University and University of Pretoria (in a full–time/permanent capacity) in the fields of Mercantile Law; Private Law and Procedural Law. She has also acted as an external examiner for UNISA.

 

 

 

 

 

 

Joan Church is an emeritus professor and honorary research fellow in the Department of Jurisprudence at the University of South Africa where she retired as Head of Department. She has served on various committees within and outside the University including the South African Certification Council, the Executive Committee of Senate at Unisa, the South African Law Reform Commission as a project leader and she was for many years the South African correspondent for Unidroit. Her special fields of interest are Comparative Family Law, Indigenous Law and Legal Education and from 1992-1994 she served as the first woman President of the Southern African Society of University law Teachers. She has lectured and published widely both nationally and internationally. As well as numerous articles her publications, as author and co-author, include the seminal Introduction to South African Law and Legal Theory and the more recent Comparative and International Law from a Human Rights Perspective as well as numerous contributions to the prestigious Law of South Africa (LAWSA) which include titles "Children"; "Education" ; "Marriage" and "Welfare". Professor Church holds a doctorate in law and has been admitted as an advocate of the High Court in South Africa.

 

Abstract

It is widely recognized that the philosophy of ubuntu is central to the culture of traditional African societies and that it is premised on the belief that individual identity is expressed in interrelationship with others in the community. In the vernacular of South African indigenous communities this is reflected in the maxim umuntu ngumuntu ngabantu (Zulu) (I am because you are, you are because we are). In the first part of this paper the concept of culture and the philosophy of ubuntu is considered in the light of the South African Constitution, its interpretation and the harmonization of indigenous and western law. In the second part of the paper and in the context of legal development and the challenge of law reform, the cultural phenomenon of ubuntu is discussed, to illustrate how it has already impacted upon and promises to play a future role in various legal spheres including such diverse fields of law as environmental law and sustainable development, good corporate governance and child justice.

 

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Judicial Review of Racial Distinctions by Elena Drimiotou, National and Kapodistrian University of Athens.

 

 

Elena Drimiotou is a full time PhD Candidate at the Facutly of Law at the National and Kapodistrian University of Athens since 2010. She practiced law in Cyprus from 2007-2010, working as an Associate Lawyer at the law firm Markides, Markides & Co at the Litigation Department. Mrs. Drimiotou has a Bachelor of Laws from the University of Athens and a Masters of Laws from the University of Maastrict, in European and Comparative Law. In 2009 she was an intern at the Advice on Individual Rights in Europe (AIRE) Centre, a Human Rights NGO based in London while she has just finished a 7month Visiting Fellowship at Queen's University in Kingston in Canada, invited by Prof. Will Kymlicka. She pursues a comparative constitutional law thesis on the affirmative action and the equality principle. In particular, she looks at the affirmative action in public offices and education in different countries. The principles of non-discrimination and democracy, the constitutional interpretation and the judicial review are some of her main research concerns related to her doctorate thesis.

Abstract

The Supreme Court of Canada adopts a deferential approach to the ameliorative affirmative action programs adopted by the government. In contrast, the Supreme Court of the United States adopts the so called "strict scrutiny" test in any racial distinctions, regardless their objective. This paper comments on the Canadian approach of the judicial review of the positive action programs on the grounds of the racial and/or ethnic origin. The analysis is restricted on the two most recent relevant cases of the Supreme Court of Canada on the affirmative action programs. This paper proposes a more nuanced approach for the appropriate level of judicial review in affirmative action cases, where the identification of the disadvantage, the multiple identities, the nature of the positive action program and the questions of who are the challengers and the beneficiaries constitute key concerns in her proposed approach.

 

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Employment Agencies: International Norms and the Debate in South Africa by Stefan van Eck, University of Pretoria, Department of Mercantile Law, South Africa.

 

 

 

 

 

 

 

 

Stefan van Eck is professor and head of the Department of Mercantile Law, Faculty of Law, University of Pretoria. In 1994 he obtained the LLD degree from the University of Pretoria with a thesis entitled Evaluation of the Industrial Court System in South African Labour Law "Evaluering van die Nywerheidshofstelsel in die Suid-Afrikaanse Arbeidsreg". In 1996 he served his articles at the University of Pretoria Legal Aid Clinic. Professor van Eck was promoted to associate professor in the same year and to full professor in 1998. Stefan currently teaches labour law at graduate and postgraduate levels. He is also involved in continuing legal education for law practitioners. He is an admitted attorney and he has served as an ad hoc member of the former Industrial Court and as an assessor of the Labour Appeal Court. He has presented lectures at, amongst others, Sydney Law School and the Sorbonne in Parris. He has written widely in the field of labour law and has been ranked by the National Research Foundation as a nationally recognised researcher. Stefan has various publications in accredited law journals and he is co-author of books such as Van Jaarsveld and Van Eck Principles of Labour Law (2005) and Van Niekerk, McGregor, Christianson, Smit & Van Eck Law@work (2008).

Abstract

One of the uncontested consequences of globalisation has been the emergence of new forms of work in South Africa. There has been a change from the traditional Fordist workplace with its full time eight-to-five employees to a situation where private and public institutions have in the past 20 to 30 years increasingly employed temporary employees, independent contractors and employees placed by private employment agencies. In South Africa, organised business, the trade union movement and the government are involved in a robust debate regarding the way forward in extending protection to employees placed by employment agencies. Such employees are marginalised and are, according to the Congress of SA Trade Unions, not employed in "decent jobs". Amendments to legislation are on the verge of being introduced to parliament to either abolish, or to strictly regulate, the employment agency industry in South Africa. The focus of this paper will fall on the following: the international norms established by the ILO in respect of private employment agencies; the existing legislative position in South Africa; and the current adverse effects that the South African regulatory framework is having on this group of marginalised employees. In the final instance the paper will address the question to what extent policy makers should be influenced by international norms even though South Africa is not signatory to the relevant conventions.

 

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A proposed model for the regulation of fixed-term contracts in South Africa: A Comparative analysis by Ezette Gericke, University of Pretoria, South Africa.

 

 

 

Ezette Gericke was appointed as a permanent full-time lecturer in the Department of Mercantile Law, University of Pretoria with effect from January 2009. She holds the degrees B Nursing and B Hon Psych (US) as well as LLB (Pret) and LLM (cum laude) (Pret). She recieved the AHI Labour Law prize for the best student in the LLM Labour Law programme as a whole (shared). Ezette Gericke enrolled as a LLB student in 2003. After completing her under-graduate studies in 2006, she obtained her LLM Labour Law (course work) specialising in labour law and specific contracts in 2008. She worked as an academic associate in the Department of Mercantile Law during the final year of her post-graduate studies in the Department of Mercantile Law. Mrs. Gericke is also the recipient of the Hugo de Groot Society prize for the best short contribution in the May edition of the Journal of Contemporary Roman Dutch Law.

 

 

Abstract

The exploitation and the abuse of the fixed-term contract have contributed extensively to the loss of employment security in SA. An employee with the same employment experience, doing the same work as a fellow permanent employee, does not necessarily receive the same remuneration and benefits. Discrimination based on the status of the contract of employment is currently not regulated by law as the position is in most countries belonging to the European Union. The Labour Relations Act 66 of 1995 (hereafter the LRA) regulates labour relations in South Africa. However, regulation by the LRA regarding fixed-term contracts is limited to protection against an unfair dismissal only. The Act regards the non-renewal of the fixed-term contract of an employee who reasonably expects that the fixed-term contract would be renewed on the same or similar grounds, while the employer only offered to renew the contract on less favourable terms or not at all, as an unfair dismissal in terms of section 186(2). Legal protection does regulate the number of renewals of a fixed-term employee's contract or allow for the automatic rolling over to a contract of indefinite duration after a number of renewals, as most of the EU countries do. It is therefore submitted that the scope of protection provided by the Act should extend to the right to equal remuneration and benefits for fixed-term contract employees. In addition, protection should extend to the limitation of the number of repeated renewals under certain conditions where the employer is in a position to offer the employee permanent employment. Legal protection needs to be unambiguous and fair to both employers and employees. It is therefore suggested that justification for the use and renewal of fixed-term contracts must be allowed under certain conditions mentioned by the Labour Relations Act.

 

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Protection of Employees during Business Rescue Proceedings: Comparative Analysis between South Africa and Australia by Ms EP Joubert and Prof BPS van Eck, University of Pretoria, Department of Mercantile Law, South Africa.

 

Tronel Joubert is a permanent full-time lecturer in the Department of Mercantile Law. She holds the degrees LLB and LLM Corporate Law (Pret). She was appointed as a temporary part-time lecturer in the Department of Mercantile Law in 2001 and as a permanent full time lecturer in 2007. She has lectured in a number of subjects within the Department of Mercantile Law which included: Business Law 210, 220; Commercial Law 110, 120; Commercial Law 200; Business Law 310, 410; Specific Contracts 220; Entrepreneurial Law 310; Negotiable Instruments 320. Insurance Law 320; Transnational Business Law 420 and 820.Her main areas of specialization are Entrepreneurial Law and Insurance Law. She has attended a number of National as well as International Conferences where she delivered papers and she has published peer reviewed articles in accredited journals.

 

 

 

 

 

 

 

 

 

Stefan van Eck is professor and head of the Department of Mercantile Law, Faculty of Law, University of Pretoria. In 1994 he obtained the LLD degree from the University of Pretoria with a thesis entitled Evaluation of the Industrial Court System in South African Labour Law "Evaluering van die Nywerheidshofstelsel in die Suid-Afrikaanse Arbeidsreg". In 1996 he served his articles at the University of Pretoria Legal Aid Clinic. Professor van Eck was promoted to associate professor in the same year and to full professor in 1998. Stefan currently teaches labour law at graduate and postgraduate levels. He is also involved in continuing legal education for law practitioners. He is an admitted attorney and he has served as an ad hoc member of the former Industrial Court and as an assessor of the Labour Appeal Court. He has presented lectures at, amongst others, Sydney Law School and the Sorbonne in Parris. He has written widely in the field of labour law and has been ranked by the National Research Foundation as a nationally recognised researcher. Stefan has various publications in accredited law journals and he is co-author of books such as Van Jaarsveld and Van Eck Principles of Labour Law (2005) and Van Niekerk, McGregor, Christianson, Smit & Van Eck Law@work (2008).

 

 

Abstract

South Africa enacted a new Companies Act (the "Act") on 1 May 2011. One of the main purposes of the Act is to "provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders". The purpose of this paper is to analyse and compare the position of employees as stakeholders during the process of business rescue in South Africa and Australia. This paper analyses the role that employees play in the recovery process of a company, the ranking of their claims for arrear salary and other benefits and the effect of business rescue on employment contracts during the process of business rescue. The paper concludes that when comparing the position to Australia, there are lessons to be learnt by South Africa. An appropriate balance may not have been struck under the new Act when the role and function of specifically the employees is considered and this may be at the expense of other stakeholders such as creditors (especially financial institutions), the directors of companies and shareholders.

 

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Where Are You… And Who Needs To Know? Geolocation Information Protection In The United States by Gregory C. Mosier, University of Nevada, Reno, USA.

 

 

 

 

 

 

 

 

 

 

 

Dr. Gregory C. Mosier is Dean of the College of Business Administration at the University of Nevada, Reno. His research interests include technology and law and international business. Prior to his current position he served as Regents Service and Puterbaugh Professor of Legal Studies in Business in the Williams S. Spears School of Business at Oklahoma State University. Mosier is the author or co-author of numerous academic and commercial publications and a recipient of the OSU Regents Distinguished Teaching Award in 2003. He has been honored with the School's Outstanding Teaching Award and the University Extension Faculty Excellence Award. The MBA Student Association named him Professor of the Year in 2003, and he was recognized as the Outstanding MBA Faculty member for 1999. Mosier served as president of the Rocky Mountain Academy of Legal Studies in Business from 2002-03 and was president of the Southern Academy of Legal Studies in Business from 1993-94. Mosier also served in various administrative capacities while at OSU. He was administrative committee chair for the Master of Science in Telecommunication Management Program. From 1997 -2004, Mosier was academic program chair for the MBA program offered by National Technological University. Mosier received a bachelor of science in 1978 from OSU, a juris doctorate from the University of Kansas in 1981 and an Ed.D. in higher education administration from OSU in 1986. Prior to joining the OSU faculty, he was a corporate attorney in Odessa and Houston, Texas with Parker Drilling Company. Mosier is a member of the State Bars of Kansas, Texas and Oklahoma.

Abstract

Recent American case law interpreting both existing statutory law and constitutional provisions has wrestled with the parameters of using geolocation technology available by the possession of mobile phones. Courts have varied in their interpretations of the ability and authority of law enforcement and regulators to demand production of location data from telecommunication companies and the existing statutory law predates modern communication technology. The United States Congress is considering new legislation that will protect telecommunication device users and their privacy by requiring warrants or consent in order to allow disclosure of geolocation data. This paper examines existing case law as well as the proposed legislation and the applicable constitutional issues.

 

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Protection of the consumer in e-commerce: The impact of Consumer Protection Act 68 2008 in using cell Phones for direct marketing by Maropeng Norman Mpya and Philile Zwane, University of South Africa, South Africa.

 

 

Maropeng Norman Mpya (LLB- University of South Africa; Registered for LLM Specialisation in International Child Law). Other areas of specialisation are Company Law, E-commerce and Forensic medicine. Is a post-graduate assistance in the Department of Public Constitutional and International Law, College of Law, South Africa.

 

 

PHILILE P ZWANE ( LLB- University of South Africa) is currently working on LLM (Specialisation in Banking Law) - University of South Africa). She is a Research Assistant in Banking Law in the Department of Mercantile Law, College of Law, University of South Africa. Her areas of interest are Banking Law and International Law.

Abstract

The mode of trade has changed drastically from the shop counter to a click of an icon confirming a purchase. The growth of e- commerce services on-line or by mobile has brought about adaptability in marketing strategies. Marketing is a set of processes for creating, communicating and delivering value to customers and managing customer relationship in ways that benefit the organization and its stakeholders.In the definition of marketing, keywords such as delivering value to customers and communicating to customers are the norms the Consumer Protection Act 68 2008 (CPA) aims to uphold. The CPA aims to protect persons of low income and isolated populations from unfair, misleading or improper trade practices to mention a few. These are the person whose ability to read and comprehend any advertisement are limited by low literacy or limited in the language in which the representation is produced or represented. This article aims to explore the means and effect the CPA in its application of protecting consumers, in relation to direct marketing by means of cell phones.

 

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Does the South African legal system effectively balance female reproductive rights and foetal interests in the context of termination of pregnancy legislation? A look at the Constitution, case law and the Choice on Termination of Pregnancy Act 92 of 1998 by Camilla Pickles, University of Pretoria, South Africa.

 

Camilla Pickles completed her LLB and research LLM in Public Law (with distinction) at the University of Pretoria. She is currently a full time doctoral candidate at the University of Pretoria in Private Law. She is on the Structured LLD Program offered by the Faculty of Law and was awarded the DAAD - NRF in-country scholarship for the duration of her LLD studies. While completing her LLM (2009 - 2010) she worked as an Academic Associate in the Procedural Law Department, University of Pretoria and assisted at the University of Pretoria Law Clinic (2009). In 2010 the Law Society of South Africa appointed her as researcher to assist in researching the topic of mandatory continuing professional development for practising attorneys in South Africa which research has been used to develop draft rules on the topic. In 2011 she once again assisted the South African Law Society as assistant researcher on aspects relevant to regulating the attorneys profession in South Africa in the context of competition law. Currently she is assisting her promoter as research assistant (Dr Ann Skelton) in publishing her doctoral thesis.

Abstract

The aim of the paper is to demonstrate that although South Africa has permissive termination of pregnancy legislation to the extent that women can terminate early pregnancies on demand, a study of case law relevant to the nasciturus fiction, wrongful life actions and the Choice on Termination of Pregnancy Act 92 of 1998 indicate that the South African legal system does take foetal interests into account. Under a Constitutional dispensation women are autonomous beings and enjoy the right to self-determination on the one hand while the state also has an interest in the value of potential life based on the constitutional value of dignity, the study of case law illustrates how these opposing positions are balanced out without having to completely favour one over the other.Case law that will be considered include: Christian League of South Africa v Rall 1981 (2) 821 (OPA), Friedman v Glicksman 1996 (1) SA 1134 (W), Stewart v Botha 2008 (6) SA 310 (SCA), Christian Lawyers Association of SA v Minister of Health 1998 (4) SA 1113 (T), Christian Lawyers Association v Minister of Health 2005 (1) SA 509 (T), S v Mshumpa 2008 (1) SACR 126 (E). Although some of the mentioned case law falls outside the parameters of female reproductive rights, each serve as fundamental examples of circumstances where the court has been called on determine the fate of foetal interests in the law which has an impact on the exercise of female reproductive rights since the recognition of protectable foetal interests will limit female reproductive rights to a certain extent. Specific sections in the Bill of Rights and the Choice on Termination of Pregnancy Act will also be considered and discussed in the context of case law mentioned above.

 

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Trademarks in Virtual Worlds by Katja Weckström, University of Turku, Finland.

 

Ms. Katja Weckström graduated as LL.B. from Åbo Akademi, as LL.M. from the University of Turku and as LL.M Int'l & Comp. Law with honors from the Chicago-Kent College of Law. Prior to joining the Faculty of Law Weckström trained on the bench (Parainen) and consulted on trademark-related issues at local law firms. She frequently gives lectures to expert audiences in various fields, including continuing legal education for attorneys in Finland and the United States. Weckström taught at the Chicago-Kent College of Law in the United States as an IP Fellow Fulbright Scholar in 2006-2007 and served as a visiting assistant professor at the University of Louisville Law School in 2008. Weckström is currently responsible for the Basic, Bachelor and Master-level studies in intellectual property law (in Finnish) at the University of Turku and frequently lectures in the ICL-studies and LIS-programs in English.

Abstract

Internet service providers are on the agenda, when considering their involvement in and responsibility for infringement of trademark rights. The keyword advertising by search engines and the activity of internet auction sites constitute the top of the iceberg, while the use of trademarks on social network sites and particularly in virtual worlds are up and coming issues. While the first two are entering trademark law through the door of criminally sanctioned trademark counterfeiting, there is no trade in physical goods in virtual worlds. The issue of trademark infringement might be raised, when virtual goods replicating physical goods are sold in-world under someone else's trademark. Similarly, the use of service marks for competing services seems like free-riding. But who owns rights in trademarks in virtual worlds? This article explores the channeling of real world trademark law into virtual worlds and highlights some aspects that merit consideration.

 

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