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An epistle of the Anton Mostert Chair of Intellectual Property


Hear it on the grapevine – news, analysis commentary and reviews of everything that matters in IP law directly from the Vine Oracle

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Full Review: Copyright Amendment Bill 2017

Posted by on Jun 14, 2017 in Copyright, IPStell, Publications | Comments Off on Full Review: Copyright Amendment Bill 2017

Full Review: Copyright Amendment Bill 2017

The Chair of IP Law has submitted its commentary on the 2017 Copyright Amendment Bill, version B13-2017, published by the Department of Trade and Industry on 16 May 2017, pursuant to Government Gazette (Notice 799 of 2017 (GG 40121, 5 July 2016). The full text of the Chair’s comments, drafted by Prof Sadulla Karjiker and Mr Cobus Jooste, is available here.   Follow Share on...

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Video: Prof Karjiker on the Copyright Amendment Bill

Posted by on Jun 14, 2017 in IPStell, Publications, Uncategorized | Comments Off on Video: Prof Karjiker on the Copyright Amendment Bill

Video: Prof Karjiker on the Copyright Amendment Bill

The incumbent of the Chair of IP Law, Prof Sadulla Karjiker, recently addressed the Geneva Network/Free Market Foundation Roundtable discussion on South Africa’s journey to a knowledge economy: progress and challenges. His speech dealt with the 2017 Copyright Amendment Bill, and supplements the comments of the Chair of IP Law on the Bill. You can watch a recording of Prof Karjiker’s speech here. You can read more about the 2017 Bill here.     Follow Share on...

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Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

Posted by on Jun 12, 2017 in Copyright, IPStell | Comments Off on Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

The Anton Mostert Chair of Intellectual Property Law at Stellenbosch University (the “Chair”) has addressed an open letter to the Minister of Trade and Industry, Rob Davies, concerning the Copyright Amendment Bill [B13-2017] (the “2017 Bill”), published by the Department of Trade and Industry (“DTI”) on 16 May 2017. In light of the poor drafting of the 2017 Bill, and its far-reaching consequences, the Chair has urged the Minister: to extend the period within which written submissions must be made; and, to ensure that the 2017 Bill,...

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Freedom to innovate – did Government get the message?

Posted by on Apr 16, 2017 in Copyright, IPStell, Patents, Plant Breeders Rights, Trade Marks, Traditional Knowledge | Comments Off on Freedom to innovate – did Government get the message?

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...

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Performers’ Protection Amendment Bill Commentary

Posted by on Feb 5, 2017 in Copyright, IPStell | Comments Off on Performers’ Protection Amendment Bill Commentary

Performers’ Protection Amendment Bill Commentary

Prof Karjiker’s comments on the draft the Performers’ Protection Amendment Bill [B24-2016] (the “Amendment Bill”), are submitted to the Portfolio Committee on Trade and Industry (the “Portfolio Committee”) pursuant to the invitation of the Portfolio Committee. These comments will focus on the interaction between the Performer’s Protection Act 11 of 1967 (the “Principal Act”) and the Copyright Act 98 of 1978 (the “Copyright Act”). However, the comments also raise matters of concern present in the Amendment...

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No Trade Mark Protection for Rubik’s Cube Puzzle

Posted by on Dec 9, 2016 in IPStell, Trade Marks | Comments Off on No Trade Mark Protection for Rubik’s Cube Puzzle

No Trade Mark Protection for Rubik’s Cube Puzzle

Discussion: Court of Justice of the European Union; November 10, 2016, Case 30/15, Simba/EUIPO (full text here). ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ In this case the CJEU could further clarify how to apply the rule of European trade mark law providing that trade marks that consist exclusively of a shape or other characteristic of a product that is necessary to obtain a technical result cannot be protected. The decision is interesting for South African trade mark law, since section 10(5) of the Trade...

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What’s In A Name

Posted by on Aug 30, 2016 in IPStell, Trade Marks | Comments Off on What’s In A Name

What’s In A Name

In his play “Romeo and Juliet” William Shakespeare advanced the proposition through his character Juliet: “What’s in a name? That which we call a rose by any other name would smell as sweet.” What he was saying was that the flower, the rose, had intrinsic value, and, no matter what name it was given, that intrinsic value would be unaffected. The actual name, per se, was thus irrelevant and had little or no value. That proposition may have had some merit in the seventeenth century and in the specific context in which it was advanced,...

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Reviewed: IP Consultative Framework 2016

Posted by on Aug 24, 2016 in Copyright, IPStell, Patents, Trade Marks | Comments Off on Reviewed: IP Consultative Framework 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...

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News reports and fair dealing: Moneyweb v Media24

Posted by on May 17, 2016 in Copyright, IPStell | Comments Off on News reports and fair dealing: Moneyweb v Media24

News reports and fair dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) (full text available here) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in...

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The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

Posted by on Apr 18, 2016 in IPStell, Traditional Knowledge | Comments Off on The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

1 Introduction Despite there being no internationally-accepted agreement on the mechanism for protecting indigenous (or traditional) knowledge, or indigenous (or traditional) cultural expressions, the South African government appears to be determined to introduce some form of protection in this area. To that end, the Department of Science and Technology (“DST”) published the latest draft of the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill (the “2016 IKS Bill) on 8 April 2016 (GG 39910).[1] This...

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