Our services
Cyberspace and Privacy Readiness Profiling
General Data Protection Regulations(GDPR), Promotion of Access to Information(PAIA) and Protection of Personal Information Act (POPIA) COMPLIANCE:
Privacy as an international Human Rights prerogative has never received profiling as it has been during the fourth Industrial Revolution, where transactions within the cyberspace have become central feature of business continuity. The increase in incidents of cyber- criminality have profiled the need for Personal Information is protected by International legal Instruments that are domesticated in various jurisdictions. Are you dealing with processing of data from juristic persons or natural persons. You will need a dummy empowerment on the basic requirements informed by General Data Processing Regulations and those transacting with and within the EU and the translation thereof to Domestic National legislation.
Have you conducted your data protection risk assessment and adequacy profiling.
Environmental Law
Preservation of the environment and protection thereof for benefits of generations to come is an m International Human Rights imperative and domestication Ensuring that within the air, space, maritime and cyber domains, environmental degradation is prevented thereof in various jurisdiction. through UNICLOS, Global Maritime Treaty and the Polluter pays principle and accounting thereof.
Exploitation of various energy resources through extractive industries to exploit endowments responsibly and ethically to extricate Africa from the trademark of being a resource curse to a resource Grace.
Provide protection to the environment with a distinct set of regulatory regimes, strongly influenced by environmental legal principles. Impact Assessment Reports have become central to Licence to Operate within Extractive Industries. Further Carbon tax has introduced auditing to ensure compliance with environmental imperatives flowing from the Kyoto Protocol on managing the Carbon footprint.
Corporate Finance
Corporate Financing provides financial and legal due diligence instruments to assist in presenting various risk managed options on financing options.
Corporate Law
Corporate Govenance provides sustainability strategy for domestic and global business. Development of requisite support plans to ensure sustainable corporate reporting and where applicable Management of support domains (ICT, HR, Logistics, Cyberspace. Governing the rights, relations and conduct of persons, companies, organisations and businesses.
Security Services Law
Security services define the ethical and responsible protection of territorial intergrity through international law and provision of support to the people to ensure that people are and feel safe. Legislation that guides military deployments in pursuit of international, Continental and domestic peace and security. Security of transacting on Land, Air, Maritime and Cyberspace remains a critical and hence the convergence of data protection and drone deployments.
Comply with international as well as national provisions that apply to all public and private institutions.
International Foresight and Corporate Strategy
The global capture by the Pandemic and the impact through WHO has indicated the dire need to employ long term planning strategies and backcasting thereof to medium term and short term. The science of developing the country and sector foresight has become more necessary that before. Development of Business Impact Assessment Plans to inform Business Continuity is a distinctive competency that requires harnessing. Understand strategic foresight methods to elaborate scenarios that any company might endure. Do you need a scientific walkthrough a foresight development pathway to inform the strategic planning and support plans.
Cyber Law
The fourth industrial revolution has ushered traffic of transaction within the cyberspace. The COVID pandemic has accelerated this as the only medium through which business continuity could be ascertained. Unfortunately the same medium is fraught with criminality conducted whose cause of action is physically not traceable. The transaction within Air, maritime and land has been caused to depend on the cyberspace. The CoE, AUCDP, GDPR, ECT Act, and Cybercrime Act have been enacted to provide a basis for creation of offence within the cyberspace. The emergence of drone technology as a mechanism to enable support to the people across all sectors has indeed ushered. Overall legal system is related to legal informatics and supervises the digital circulation of information, e-commerce, software and information security.
Intellectual Property
Ensuring that the intellectual property that vests with individuals as well as communities is adequately accounted for remains the important balance sheet item. This covers both intellectual property and personality rights. The advent of Protection of Personal information and the eight principles have amplified the protection of personality rights as vested in human dignity and privacy provisions. Expertise in all these areas is available for exploitation to protect these rare endowments within humanity. This protection also transcends to the virtuat space within social media space where incidents of infringement as well as attack of personality rights manifests.
The coverage of intellectual property protection entails:
- Copyright and Related Rights
- Trademarks
- Geographical Indications
- Industrial Designs
- Lay-out Designs (Topographies) of Integrated Circuits
- Patents (+ sui generis protection)
- Protection of Undisclosed Information
International Law Posture on IP
The protection of these rights is located
WIPO-Administered Agreements which cover
- Berne Convention for the Protection of Literary and Artistic Works
- Paris Convention for the Protection of Industrial Property
Which form the basis for the national legislations that are invoked.
TRIPS
Remains the authoritative multilateral legal instruments that accords various benefits which entail :
National Treatment: No discrimination between nationals and foreigners
Automatic protection: Protection should not be made subject to any formality of registration, deposit or the like.
Independence of Protection: Enjoyment and exercise of rights granted is independent of the existence of protection in the country of origin
Copyright Law
Flowing from the Berne Convention and further domesticated within various jurisdictions, Protection of Literary works, drawings as well as artistic work is provided for through copyright is an exclusive right granted by law for a limited period to an author, designer etc. for their original work. Through the social media matters, invoking offence regarding to identity theft, copyright infringement, are areas where protection is needed. Such services are provided. Registration of cultural and artistic artifacts and protection thereof as part of the communities legacy. Drafting contracts that involve the application of provisions to ensure proper vesting of rights are services that are provided through legal advice as well as drafting of papers for protection of such rights at court.
Personality Rights
Beyond the death, Personality rights vested within production of the intellect are protected.
Trade Mark
Protection of Sign or combination of signs
Capable of distinguishing the goods or services of one undertaking from those of other undertakings; Shall be capable of constituting a TM;Such signs shall be eligible for registration as TMs Factors relevant to criterion of “distinctiveness. Dealing with cases of types of trademark protection.
Design Law
Protection of industrial as well as aesthetic designs is done through application of the relevant Design Law for the affected jurisdiction to ensure protection of two or three dimensional appearance of a whole product or a part of the product.
Protection of Right to prevent 3rd parties from Making, Selling Importing Articles embodying protected design
Copy/substantially a copy of protected design
For commercial purposes
Provision of relevant advice on which form of protection to invoke to ensure timeous protection of such.
Patent Law
Legal and administrative Due diligence to realise Protection of any product that exihibit Newness (novelty);Involve an inventive step (non-obvious) and is Capable of industrial application (useful).
Ensuring that scientific formulae, sketches behind new inventions are protected during the course of development till launch in the interest of the owner. Exploitation as well as development of contractual agreements to inform such. Inventions, Formulae as well as Deals with new inventions. Traditional patents protect tangible scientific inventions, such as circuit boards, car engines, heating coils, or zippers.
International Extractive Law
African is endowed with resources metallic, non – metallic, halogens (gases) and rare earth metals which find location within specific dominates. The necessary due diligence to ensure ethical and human right friendly exploitation of these resources remains a challenge due to infrastructural and logistic resource requirements. Multilateral treaties that provides for state sovereignty over resoures and the need to ensure that Socio economic Impact assessment culminates in the Licence to Operate that enables community to collaterally benefit from the endowmnets. The promotion of Artisanal Small Scale mining remains sacred for sustainable corporate reporting, but has sadly been frustrated through the application of the same legisltalation that apply to multinational companies. Promotion of ASM remains central for achievement of SDGs. Central to exploitation of resources is ensuring that these are conserved for generations to come . The Enviromental Impact Assessment as well as Energy Effficency paradigm has taken centre stage to ensure that such conservation is realized. Legislation guiding the utilization of energy in buildings and auditing thereof for certification in line with the applicable legislation is at the heart of thedue diligenvce advices that made available on options based on the appropriate legal instruments. I am text block. Further development of specific contracts that ensure respurce presevaation and ethical accountability
International Financial Markets
Transnational operations usher one to a dimension of various instruments for financing projects. Central to operations is the ability to hedge against currency fluctuations. International financial markets are characterized by various financial instruments that include assests , commodities, properties and bonds. The advent of cruypoto currency has ushered other instruments that can be tulidsed during transactions as currency. Based on market foresight and on the Fibonachi posture, for the various goods, services, commofdities, assets and crypo currents one is able to determine the Net worth.
Dealing with Litigious Matters (CRIMINAL AND CIVIL)
In providing on time support to the clients on the protection of the inherent rights, enforcement through criminal and or civil remedies utilizing various procedural law processes are embarked upon. Because of the global nature of the said areas, the litigation on documents is conducted coupled where necessary with virtual court preoceedings
Practice Posture
Advocate Nandipha Ntsaluba Legal Practice is a registered Trust Account Advocate and thus is able deal with clients directly as well as where an attorney exists , the process will be initiated through instruction from the attorney.
Social Resposibility
To fulfill the social responsibility requirement for sustainable reporting a foundation Ndyebo Sylvester Foundation(NSF) was established and registered as NPO
Legal Advice
Adv Nandipha Ntsaluba Practice provides legal advice on the areas indicated above.