Brendan Hughes
  • Cape Town, Western Cape
  • South Africa
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Brendan Hughes commented on Brendan Hughes's blog post Legal Update on IP Exports
"Hi George, It's the sale of IP ownership rights that Exchange Controls are concerned with, not reproduction of IP offshore. In other words, the financial act of moving an IP asset off your own balance sheet and onto a non-resident's…"
Jun 29, 2012
George Gombay commented on Brendan Hughes's blog post Legal Update on IP Exports
"Hello Brendan, Thank you for alerting us to this new development with its important implications. Maybe while we are on the subject, you could perhaps clear up for me something about this IP export thing which has had me puzzled for while. What…"
Jun 29, 2012
Dave Thomas commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"Hi Brendan, I'm busy starting up a company in Bristol. Investors in my start up-get +- 75% given to them by Her Majesty's Taxman. 50% tax (immediate) relief and capital gains tax relief. Plus my start-up involves Intellectual Property-…"
Apr 24, 2012
George Gombay commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"Thank you, Brendan."
Apr 18, 2012
Brendan Hughes commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"The administrative processes are not too onerous, but I guess that's relative to the value of the investments themselves. Transfer of capital, dividends or royalties may require endorsement of share certificates and approval by…"
Apr 18, 2012
Alistair Petersen commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"Caveat Emptor! :) Thanks Brendan"
Apr 13, 2012
Brendan Hughes commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"Hi Alistair, being a software industry lawyer rather than a income tax specialist, I'm reluctant to express a tax opinion on a public site. However, the answer to your question will lie in reading sections 11(a) and 11D of the Income…"
Apr 13, 2012
Brendan Hughes commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"You're welcome!"
Apr 12, 2012
Mark Koekemoer commented on Brendan Hughes's blog post Is SA becoming a Software Development Legal Haven?
"Great info thanks for sharing this Brendan!"
Apr 12, 2012
Brendan Hughes replied to Rory Magee's discussion Employee Share Option Programs in Startups - Advice?
"NB questions include (i) whether its a general ESOP for all staff where staff ideally don't actually acquire shares but participation rights in a trust that holds the shares or (ii) a targeted ESOP for key staff, where key staff can be…"
Apr 12, 2012
Brendan Hughes commented on Silicon Cape Newsletter's blog post Top tips for a tech start-up seeking an angel investor
"Thanks for a good post Wesley. "Remember, you're the one who wants something". Just because you ask someone to dance, doesn't mean they weren't wanting to be asked..! Smart funders know what they're looking for and…"
Nov 16, 2011
Brendan Hughes commented on Roger Norton's blog post What you need to know about the new Companies Act and Consumer Protection Act
"@George: Yes, if you have your hands on a copy of the Companies Act, take a look at the provisions of section 78. In a nutshell, a company may not negate or limit a director's liability or pay any fine imposed against a director, but a company…"
May 26, 2011
Brendan Hughes updated their profile
May 9, 2011
Brendan Hughes updated their profile photo
May 9, 2011
Brendan Hughes commented on Justin Stanford's blog post Landmark judgement on the export of IP for the Silicon Cape?
"Here's a comment from an attorney and a heads up for those considering a quick export of IP to a foreign based entity in light of this judgment - the transfer of an IP asset may still trigger a capital gains tax…"
May 9, 2011
Brendan Hughes is now a member of The Silicon Cape Initiative
May 9, 2011

Profile Information

Who are you?
Lawyer, Entrepreneur and Author
Where can you be found on the web, Twitter, LinkedIn, etc?
www.brendanhughes.info
http://www.linkedin.com/in/brendanhughes1
www.brendanjhughes.blogspot.com
twitter: @brendanjhughes

Brendan Hughes's Blog

Legal Update on Transfering IP Offshore

Unfortunately the President has published an amendment to the Exchange Control Regulations this month to provide for an expansive new definition of "capital" to include all forms of intellectual property.  This means that Reserve Bank approval is again required before you can sell IP ownership to a foreign person or corporation.

However, for those interested in democracy and law, there is a question mark over the validity of the amendment to the regulation...

In terms of…

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Posted on June 29, 2012 at 12:00 — 2 Comments

Is SA becoming a Software Development Legal Haven?

Three key legal developments in the past year have made South Africa a far friendlier jurisdiction for software developers to be based in.

 

Firstly, the 2011 decision of the Supreme Court of Appeal in Oilwell v Protec International stated that exchange control approval is not required for the exporting of intellectual property (including software copyright, patents, designs and trademarks). This judgment removed a significant regulatory hurdle from the…

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Posted on April 12, 2012 at 17:00 — 9 Comments

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