Quo Vadis Copyright?
Copyright law had its origins in the 18th Century when the need was felt to protect the investment of printers in carrying out the new-fangled process of mass production of books. Its ambit was extended over the years to cover additional forms of works such as musical and artistic works and then in the 20th Century a major quantum leap was made and work such as sound recordings, published editions, television broadcasts and others were brought within its ambit. Throughout the ages, copyright has shown an ability and a willingness to adapt to meet changed circumstances and to cater for new...
Read MoreNEW Traditional Knowledge Bill – Sui Generis Protection for TK
If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all. Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, the scope of which is yet to be fully realised. This Chair, among many others, has expressed its distress at the current Traditional Knowledge Bill (likely to be the Protection of Traditional Knowledge Act soon) in no uncertain terms. And despite the...
Read MoreThe Mad Hatter in Wonderland
So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it. It has caused the Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters. It has rushed headlong into terrain where no angel would venture through acute trepidation. It has entered Wonderland and assumed the role of the Mad Hatter. ”rushed headlong into terrain where no angel would venture through acute trepidation” The Vine Oracle (that is to be found in the vineyards of the Winelands)...
Read More“COME ON BABY LIGHT MY FIRE”
Amidst the vineyards in Stellenbosch there is an oracle. This oracle, the Vine Oracle, holds forth on matters pertaining to intellectual property (IP). As may be expected, the Oracle communicates with those wishing to consult its wisdom through the grapevine. The rustling of the vine leaves in the summer breezes and the birds and the bees going about their business fill the vineyards with music. Music evokes love, passion, reverie, thoughts and creativity. The Vine Oracle is inspired by music. Songs flow when desired from a Nickelodeon holding a vast and varied repertoire. On this occasion...
Read MoreTRADITIONAL KNOWLEDGE – Legislation in the NEW tradition
“Ex Africa semper aliquid novi”, which can be freely translated from Latin to mean “there is always something new coming out of Africa”, said Pliny, the ancient Roman writer and scholar. Presumably then, as is the case now, the concept of “new” included an expression of sarcasm and deprecation as in “absurd, nonsensical and ridiculous”. Well, Pliny has been proved right once again. The Government is on the threshold of passing legislation to grant protection of, and the facility to derive revenue from the use of, so-called “traditional knowledge” (TK) – i.e. folklore,...
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