Frederick Mostert

Frederick Mostert 2Prof Frederick Mostert

Extraordinary Professor

Department of Mercantile Law 

Tel:      +27 (0)21 808 9371

 

 

Professor Mostert holds the degrees BA(Law) cum laude, LLB cum laude and LLD from the University of Johannesburg and an LLM in Intellectual Property and Corporate Finance Law from Columbia University School of Law. He is also a solicitor of England and Wales and a Member of the New York Bar.

Prof Mostert served as Chief Intellectual Property Counsel and Chief Legal Counsel of Richemont. He was an associate in the corporate department of Shearman & Sterling in New York and an associate in the international trade mark department of the firm Weiss Dawid Fross Zelnick & Lehrman P.C., also in New York.

He is a Research Fellow at Peking University, a Visiting Professor at the University College, London and a Research Fellow at the Oxford Intellectual Property Research Centre, University of Oxford.

Prof Mostert has been appointed as Extraordinary Professor in the Department of Mercantile Law, Stellenbosch University from 2014.

As an international IP expert, Prof Mostert has served as the president, honorary chairman and member of the board of the International Trademark Association (INTA). He is also a founding member of the Industry Advisory Commission of the World Intellectual Property Organisation (WIPO) and a member of the Panel of Experts of the WIPO Internet Domain Name Process. He serves as a member of the Advisory Board of the European Union Observatory on Infringements of Intellectual Property Rights, under the auspices of the European Union Intellectual Property Office.

Prof Mostert also serves on the advisory boards of the McCarthy Center for Intellectual Property and Technology Law at the University of San Francisco, The Walpole Group in London, The Art Science Research Laboratory in New York, and, the Teacher of Ten Thousand Generations Foundation in Hong Kong and Freedom Under Law, a not-for-profit organisation with a focus on civil liberties.

As an IP scholar, Prof Mostert has served on the Editorial Boards of several influential academic and practitioners’ journals including the Journal of Intellectual Property Law and Practice by Oxford University, the Trademark Reporter, Managing Intellectual Property and the Intellectual Property Magazine (Trademark World).

Prof Mostert has authored or co-authored two books on various topics of intellectual property law and contributed chapters to a further two titles. He is also a widely published scholar and his work has been cited by the Constitutional Court of South Africa, the Supreme Court of South Africa, the European Court of Justice, the Supreme Court of Canada, the US Federal Court, the Court of Appeal of Singapore, the Court of Appeal of England and Wales, the High Court of Justice and the Court of Justice of the European Communities, among others.

He was inducted into the Intellectual Property Hall of Fame and he is a recipient of a Life Achievement Award by the Global Legal Post and The New York Times.

SELECTED PUBLICATIONS

 

BOOKS & BOOK CHAPTERS

Famous and Well-known Marks – An International Analysis, Second Edition, International Trademark Association, 2004, Principal Author with contributions by 32 Specialist Co-authors. First Edition, Butterworths, January 1997, Principal Author with contributions by 18 Specialist Co-authors.

From Edison to iPod – Protect Your Ideas and Make Money, Dorling Kindersley, Published February 2007, UK Edition.  International editions published with co-authors – United States (February 2007), South Africa (July 2007), China (April 2009) and Taiwan (January 2009), South Korea (January 2009).

Contributor Chapter – “Trademark and Unfair Competition Law, International Recognition and Protection of Famous and Well-Known Marks”, January 2007.  Intellectual Property and Information Wealth: Issues and Practices in the Digital Age, (2007) Edited by Peter K. Yu (4 volumes): Volume 3, Chapter 10.

Contributor to a Chapter – “Famous and Well-Known marks.  Is Harmony Possible in the Global Village?”, International Intellectual Property Law and Policy by Graeme B. Dinwoodie (2001).

 

COMPENDIUM

International Trademark Treaties & Agreements, INTA, November 1998, Editor.

 

ARTICLES

“Notice and Takedown for Trademarks”, The Trademark Reporter (page 249) January-February 2011.

“Notice and Trackdown”, Intellectual Property Magazine (page 19), June 2011.

“Trademarks: Take down Shake Up”, Intellectual Property Magazine (page 14) February 2011.

“Auction sites: time for a history lesson”, World Trademark Review, Issue 27, October/November 2010.

“Famous and well-known marks: the challenges of protection”, co-authored with Silvia Beltrametti, World Trademark Review, Issue 13 May/June 2008, (page 4).

“Confucius, the Internet and Intellectual Property”, Trademark World, Issue 205 (page 43) March 2008.

“The Famous Marks Index”, Trademark World, April 2004, Issue 166 (page 21).

“Authenticity: The Timeless Quest”, Trademark World, April 2003, Issue 156 (page 22).

“Confucius and the Digital Copy Revolution”, Peking University Intellectual Property Review, 2003.

“China and Trademarks”, The Trademark Reporter (INTA Special 125th Anniversary Issue “125 Years of Excellence”) January-February 2003, Vol. 93, No. 1 (page 122).

“International Trademark Association: Strength Through Global Diversity 1998-1999 Year-End Review”, Trademark World, May 1999, No. 117 (page 29).

“No privacy, too high a price?”, New Law Journal, U.K., September 19, 1997 (page 1337).

“When is a Mark “Well-Known”?”, I.P.Q. No. 3 (1997), (page 377).

“Well-known and Famous Marks: Is Harmony Possible in the Global Village?”, Patents and Licenses Journal (Russia), December 1997, (page 23) Published in Russian.

“Public figures and privacy: Paparazzi beware – in South Africa anyway”, De Rebus, November 1997, No. 358 (page 726).

“Famous Trade Dress: Dilution on Competing Products”, Trademark World, Issue 95, March 1997 (page 20).

“Well-known and Famous Marks: Is Harmony Possible in the Global Village?”, The Trademark Reporter, March-April, 1996, Vol. 86, No. 2 (pages 103-141).

“The Protection of Famous Trade Marks on Non-competing Goods”, Intellectual Property Studies (China), Number One, 1996 (page 89) published in Chinese.

“The Protection of Well-known Trade Marks on Non-competing Goods”, Australian Intellectual Property Journal, May 1996, Volume 7, Number 2 (pages 76-86).

“Protection of Well-Known Trade Marks under the New Act”, De Rebus (South Africa), July 1995 (page 443), Co-author with Anton W. Mostert.

“Unauthorised Use of Geographical Indications on Non-Competing Goods”, Symposium on the International Protection of Geographical Indications, World Intellectual Property Organisation, April 5, 6, 1995, Melbourne (page 199).

“Copyright in Financial Documents”, European Intellectual Property Review, January 1994 (page 6), Journal of International Banking, July 1994 (page 265), International Quarterly, July 1995 (page 536).

“Is Goodwill Territorial or International?”, European Intellectual Property Review, December 1989 (page 44).

“The Development of the Natural-Law Principle as One of the Principles Underlying the Recognition of Intellectual Property”, The South African Law Journal, August 1987 (page 480).

“The Parasitic Use of the Commercial Magnetism of a Trade Mark on Non-Competing Goods”, European Intellectual Property Review, November 1986 (page 342).

“International Aspects of the Rights of Publicity”, The Merchandising Reporter (U.S.), March 1986 (page 3).

“Trademark Dilution and Confusion of Sponsorship in United States, German and English Law”, International Review of Industrial Property and Copyright Law, 1986 (page 80) (Max Planck Institute).

“The Right to the Advertising Image”, The South African Law Journal, August 1982 (page 413).

“Case Comment:  Soja (Pty) Ltd v Tuckers Land and Development Corporation (Pty) Ltd 1981 3 SA 314 (A)”, Journal of Contemporary Roman-Dutch Law, August 1981 (page 321).