Advertising & Marketing Law SA 2107, Jhb, 9 May

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Expert insights about current issues of concern to corporate legal advisers

Advertising & Marketing Law SA 2017 

Bryanston Country Club - 9 May ’17

The 7 legal experts have selected what they believe to be the most topical and influential issues, be it interpreting latest regulatory guidelines, and recent court precedents. The topic descriptions below are explicit, the focus is on recommending pragmatic guidelines to facilitate prevention and mitigation measures.

Proactive mitigation; King IV Governance Guidelines; ASA – new beginnings; Compliance tools – consumer protection; Managing risk – white collar crime; Promotional Competitions; The Challenge of Policing brands in the digital space.



08h15 – 09h10
Proactive Compliance – Marketing Risk Mitigation
* Proactive compliance enhances business growth, industry growth and competitive advantage
* Proactive self-regulation principles and purposes
* Embedding/instilling a culture of compliance in organisations and in an industry
* Effective Compliance Programmes – planning, implementation, monitoring and enforcement
* Brief case study: Proactive compliance principles and mechanisms in the Liquor Industry
Karen K. Pinheiro, Senior Legal Counsel, SAB

09h15 – 09h45
King IV – Apply and explain; expert advice from Michael Judin about…
* The King Code on corporate governance is non-legislative, BUT it is a listing requirement of the JSE. There been 14 Common Law cases, to date   incorporating references to the King Report and these judgements are creating Common Law precedents.
* Apply and explain; you have to apply the 16 principles and then explain how you are doing so.
* “Governance guidelines are about the exercise of ethical and effective leadership by the governing body”
Michael Judin, Senior Partner, Judin Combrink Inc, Member of the 9-person King IV Task Team

09h50 – 10h45
The ASA as advertising watchdog: the end of the road or a new beginning?
* The ASA as a recognized ombudsman
* The reach of the ASA
* The ASA’s ruling precedents on topical issues to May 2017
Dr Stefan Vos, director, svrma, (former Head of Legal & Regulatory Affairs, ASA)

11h10 – 12h05
Compliance tools – consumer protection
Insights from audit methodologies; common problems and recommended preventative measures
Which industries are governed by the CPA?
Direct versus indirect dealings with customers; The supply chain hiccup: Passing the buck or pay to protect your sound reputation
Conciliation and complaints – who hears what?
Internal; Consumer Commission; Motor Industry Ombudsman; ASA; Consumer Goods Council; Funeral
Over lap of laws- which law takes precedence
Main issues not being complied with
Unsound goods; Returns; Terms on sales invoices
Direct marketing
To opt in or opt out? ; Who bears the cost of an opt out
Alison Lee, Partner, Christopher James Lee Attorneys & MD, Lee’s Compliance 

Dave Loxton, Partner, Dentons SA

Sarah Buerger, Associate, Michalsons Attorneys

Jenny Pienaar, Partner, Trademark Attorney Adams & Adams

12h10 – 13h00
Managing risk – white collar crime
* Cyber space: hacking, bribery & kick-backs
* Theft of IP addresses to “steal” potential customers?
David Loxton, Partner, Dentons SA

13h50 – 14h45
Promotional Competitions
* Mechanisms to use (SMS, email, Facebook, Twitter)
* Key terms for marketing
* Legal aspects
How things go wrong
* Mismanagement
* Vote to win competitions
* Brand damage
* Cheating
* Tips and tricks
* What I have learned from auditing and drafting terms
Sarah Buerger, Associate, Michalsons Attorneys 

14h50 – 15h45
The Challenge of Policing brands in the Digital Space
* Hashtags: the popularity of using hashtags as part of advertising campaigns, the advantages and risks
* AdWords: the commercial value of search engine AdWords, and the use of third party trade marks as
* Native Advertising: a discussion on the use of native advertising and consumer perceptions relating to
* Hyperlinks: a discussion on the copyright in online news articles, and the use of hyperlinks to indicate
Jenny Pienaar, Partner, Trademark Attorney, Adams & Adams

16h00 conference closes



Additional Information




Tuesday, 9 May 2017