An epistle of the Anton Mostert Chair of Intellectual Property
Popularisation of Intellectual Property
INTRODUCTION Intellectual property is commonly regarded as an esoteric branch of the law. It is characterised by being complex and until recently it has been a little understood and somewhat discrete area of the law. Its complexity stems from the fact that it has as its subject matter intangible items such as marks, ideas, concepts, goodwill, cultural expressions and the like. This must be contrasted with tangible goods like vehicles, ships, equipment, household goods, and immovable items such as portions of land, all of which have a...
read moreThe Numbers Game – Trade Marks and Domain Names
On the Internet there is only one thing that really matters – prominence. It is the nexus of all factors that drive the ever-expanding cyberspace. In this world, the attention span of every visitor is measured in seconds, and the amount of traffic to a specific website measured with scientific precision. It is, therefore, not surprising (and a cause for concern) that trade marks are set to become a casualty in the battle for online supremacy. The fact that trade mark infringement on the Internet is a present danger is not new. However, few...
read moreQuo 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...
read moreTrade Marks Going Up In Smoke
The age old proverb says “there is no smoke without fire”. The legislatures of several countries are about to turn this proverb on its head. The anti-smoking lobby has gained such strength in these countries that the fire brands of the anti-smoking lobby with their fiery rhetoric have moved governments to do their utmost to achieve the demise of smoking as a social practise. These campaigns have resulted in fire generating no smoking. It is not the objective of the Vine Oracle to debate the merits or demerits of such a policy. The...
read morePublic Outcry Against US Bills Felt Across The Globe
Two related United States Bills were recently the topics of much controversy. Public outcries and widespread online protests were followed by an unprecedented Internet blackout on 18 January 2012. The Internet blackout was supported by the likes of Google, Facebook, Reddit and Wikipedia to name but a few. The blackout was not only supported by the Internet high-and-mighties, but also thousands of lesser known sites rallying their users’ support against the Bills. Such was the nature of the blackout that Wikipedia, for example, took...
read moreTo publish or not to publish, that is the question
We are all familiar with the old academic adage, “publish or perish”, but when commercialisable research outputs have associated potential intellectual property, any published or presented outputs from the research prior to filing patent applications can result in a minefield for the patent applicant. There are two important intrinsic requirements for obtaining a patent for an invention in most countries in the world, the first is that the invention must be new and the second is that the invention must be inventive or non-obvious. In...
read moreRecipe Patents
Can Food Recipes be Patented in South Africa? Cookery has become one of the most popular past times of the last few years. This is illustrated by the enormous popularity of TV shows such as “Masterchef” and “Come Dine with Me”; and cookbooks by celebrity chefs such as Jamie Oliver and Nigella Lawson. This leads to an interesting question – Can food recipes be patented in South Africa? To answer this it is necessary, as with any invention, to look into the statutory requirements for patentability. No matter how delicious the...
read moreAdvertising Slogans – Woolworths v Frankies
The Advertising Standards Authority (“ASA”) has ruled that retailer Woolworths must stop using the phrase GOOD OLD FASHIONED as it imitates beverage manufacturer’s “GOOD OLD FASHIONED SOFT DRINKS” advertising slogan. In 2006, beverage manufacturer Frankie’s Olde Soft Drinks (“Frankies”) launched its FRANKIES range of drinks. The range was based on “vintage” flavouring, which was emphasised in all promotional material through the use of the slogan “GOOD OLD FASHIONED”. The slogan appeared on all point of sale and...
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...
read moreThe press(ing) matter – plagiarism and copyright infringement
A journalist who cannot define plagiarism is nearly as useful as a bucket without a bottom. Similarly, while the nation is expected to rise in defence of the independence of the press (and rightly so), one might be excused for thinking that all members of the media are capable of independent thought. Unfortunately, judging by recent commentary on the SA Press Code, the captains of our printed media understand as little about plagiarism as the ruling party does about intellectual property law. While addressing a hearing of the Press Freedom...
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