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IP Rights perspective: Ubuntu Baba v Woolworths

Posted on Jan 10, 2019

IP Rights perspective: Ubuntu Baba v Woolworths

Prof Owen Dean discussed the recent controversy about the Ubuntu Baba baby carrier and a similar Woolworths product with Azania Mosaka on 702 Radio to explain how IP rights may find application in similar circumstances. You can read extracts of the interview, or listen to the full interview below, or visit the 702 page.     Follow Share on...

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BEPS and Intangibles: How does it impact IP tax structures?

Posted on Feb 1, 2018

BEPS and Intangibles: How does it impact IP tax structures?

Intangible assets constitute a major value-driver for multi-national enterprises (MNEs). This is even more so for companies that rely on valuable intangibles rather than physical assets to generate financial returns. Intangibles such as patents, design, trademarks (or brands) and copyrights are generally easy to identify, value and transfer and as such attractive for multi-national tax planning structures especially as these rights usually does not have a fixed geographical basis and is highly mobile as a result can be relocated without significant costs. Many MNEs utilize IP structuring...

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Commentary: Draft Intellectual Property Policy Phase 1 2017

Posted on Nov 8, 2017

Commentary: Draft Intellectual Property Policy Phase 1 2017

Prof Sadulla Karjiker and Dr Madelein Kleyn recently submitted the following comments to the DTI on the Draft IP Policy Phase 1 2017. The full text of the IP Chair’s commentary may be downloaded here.     Introduction The Department of Trade and Industry published the Draft Intellectual Property Policy of the Republic of South Africa Phase I 2017 (the “2017 Draft IP Policy”).[1] The Minister of Trade and Industry, Rob Davies, has invited interested persons to submit written comments on the 2017 Draft IP Policy by 17 November 2017,[2] and these comments are submitted in...

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IP: Politics and Beyond

Posted on Sep 29, 2017

IP: Politics and Beyond

“Critics of intellectual property law are apt to resort to sweeping generalisations about the unacceptable social costs of intellectual-property protection. First, as is the case with many issues concerning indigenous knowledge, these critics, who seek to undermine the property rights established by intellectual property law, often resort to making rather emotive, and sensational, claims, but find it difficult to substantiate their criticisms with good evidence, other than for anecdotal tales. Second, critics of intellectual property fail to realise, or acknowledge, that intellectual...

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Freedom to innovate – did Government get the message?

Posted on Apr 16, 2017

Freedom to innovate – did Government get the message?

On 27 April, Freedom Day, we will pause to mark the most significant moment in South African history and commemorate the day when freedom, above all else, became the nation’s guiding principle. The day before, World IP Day, we celebrate the achievements of our brethren that influence our every-day lives and the ability of free human intellectual endeavour to improve our lives. In recent years, Freedom Day celebrations have been reduced to the favourite grandstanding occasion for politicians. While celebrating, many public figures will repeat the customary refrain of this day – remark...

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Reviewed: IP Consultative Framework 2016

Posted on Aug 24, 2016

Reviewed: IP Consultative Framework 2016

Summary: While the Department of Trade and Industry’s recently published Intellectual Property Consultative Framework promises that future legislation will be the result of a thorough examination of the matters of concern by experts, and stakeholders, in the field, it should also consider undoing the potential damage which may have already been done to our intellectual property laws as a result of the failure to proceed with such rigour in the recent past. To read the IP Chair’s full review of the IP Consultative Framework click here. Follow Share on...

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