IPStell

The official blog of the Chair of Intellectual Property

The technical function exclusion in design law

Posted on Nov 9, 2018

The technical function exclusion in design law

The DOCERAM/CeramTec-case (C-395/16) is the first case dealing with the meaning of the “technical function” exclusion in relation to Community designs. The CJEU’s judgment provides an interpretation of Article 8(1) of Council Regulation (EC) No. 6/2002 on Community designs (the “Regulation”) – and hence, indirectly, also of Article 7(1) of Directive 98/71/EC on the legal protection of designs – which provides that “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.” Such...

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Is Plagiarism Unlawful?

Posted on Oct 16, 2018

Is Plagiarism Unlawful?

INTRODUCTION “Plagiarism” is a much misunderstood and misused term in common parlance. In layman’s terms it is generally used to convey the notion of copying or reproducing the work of another in a clandestine manner. Although it is not specifically mentioned or perhaps even considered as an element, by implication it entails such misuse being without permission. It is often used as a synonym for, or in lieu of, “copyright infringement” and it is generally thought to amount to the same thing. Supposedly, being copyright infringement by another name, it would naturally be unlawful....

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Commissioned works – with special reference to literary works

Posted on Sep 11, 2018

Commissioned works – with special reference to literary works

There is a common misconception concerning copyright works, namely, that the person who has commissioned the creation of a copyright work also owns the copyright in such a work.  This article will illustrate that, in the absence of an express contractual arrangement, it is only in a limited number of situations that the commissioner of a copyright work will also be the copyright owner of such a work. Copyright protection is provided for by the Copyright Act 98 of 1978 (“the Act”).  The Act determines what types of works are protected, and, in the absence of any contractual arrangement,...

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The Plagiarist on Trial – a legal perspective on plagiarism

Posted on Aug 2, 2018

The Plagiarist on Trial – a legal perspective on plagiarism

In an attempt to circumscribe the range of “nefarious conduct”[1] that may amount to plagiarism, many resort to a discourse on ethical standards,[2] literary technique,[3] institutional values, citation methodology, copyright infringement[4] or theft.[5] Although these discussions, at least in part, approach a grasp on what plagiarism means, none are acceptable from a legal perspective. Moreover, while reliance is placed on moral considerations instead of the law, the intolerable risk remains that cases of plagiarism will be adulterated by the myriad of personal details, factual...

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Full comments: Copyright Amendment Bill 2018

Posted on Jul 22, 2018

Full comments: Copyright Amendment Bill 2018

Following its comprehensive review and comments submitted on the 2015 and 2017 versions of the Copyright Amendment Bill, the Chair of IP law has again submitted comments on the 2018 version. The full text of the Chair’s comments, authored by Proff Sadulla Karjiker and Owen Dean, is available for download here. Download comments   Follow Share on...

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MaXhosa v Zara

Posted on May 2, 2018

MaXhosa v Zara

Prof Owen Dean recently discussed the likelihood of legal action by Laduma Ngxokolo against fashion house Zara for infringement of the MaXhosa by Laduma designs. The interview with Prof Dean was broadcast on 702 radio as part of the Night Talk programme hosted by Gugulethu Mhlungu. You can listen to the interview here.   Featured image source: http://www.maxhosa.co.za/about Follow Share on...

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