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An epistle of the Anton Mostert Chair of Intellectual Property


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Intellectual Property Law and How it Applies to Sport Events

Posted by on Apr 9, 2019 in Ambush Marketing, Copyright, Design, IPStell, Merchandise Marks, Trade Marks | Comments Off on Intellectual Property Law and How it Applies to Sport Events

Intellectual Property Law and How it Applies to Sport Events

In this special World IP Day article, Prof Owen Dean revisits the theme of IP rights protection for sporting events in South African law, with a focus on the developments and the Cricket World Cup 2019 as an example.    Introduction Major sports are big business and vast sums of money are involved in staging sport events. This global trend was brought into sharp focus in South Africa during the 2010 FIFA World Cup. The 2010 FIFA World Cup provided an excellent example of the role that branding plays in major sports, and how it can...

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World IP Day 2019: Reach for Gold

Posted by on Mar 27, 2019 in Events, IPStell | Comments Off on World IP Day 2019: Reach for Gold

World IP Day 2019: Reach for Gold

On 25 April 2019 the Chair of IP Law, in cooperation with Innovus, will celebrate World IP Day with a public seminar on the theme Reach for Gold: IP and Sport. The seminar will include discussions on the sports nutrition, cutting-edge technologies in sports, high performance technology support, sport concussion diagnosis and the rise of e-sports. The event will allow attendees to encounter a variety of groundbreaking innovations and is followed by a cocktail reception. The event is sponsored by IP law firms Spoor & Fisher and Von...

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Great Listening: Discourse on the Copyright Amendment Bill

Posted by on Jan 30, 2019 in Copyright, IPStell, Publications | Comments Off on Great Listening: Discourse on the Copyright Amendment Bill

Great Listening: Discourse on the Copyright Amendment Bill

Prof Sadulla Karjiker, the incumbent Chair of IP Law, joined Hugh Melamdowitz, partner at Spoor & Fisher, and Wiseman Ngubo, head of legal and business Affairs for CAPASSO (Composers, Authors and Publishers Association) on Classic FM 1027’s Classic Business to discuss the diversity of views on the latest draft of the Copyright Amendment Bill. Listen to the podcast below or click here to visit the website. Follow Share on...

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IP Rights perspective: Ubuntu Baba v Woolworths

Posted by on Jan 10, 2019 in Copyright, IPStell, Patents | Comments Off on IP Rights perspective: Ubuntu Baba v Woolworths

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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Copyleft Amendments to Copyright

Posted by on Nov 26, 2018 in Copyright, IPStell | Comments Off on Copyleft Amendments to Copyright

Copyleft Amendments to Copyright

So called “state capture” is a concept which currently dominates current public discourse. It represents the usurpation and domination of the powers of the state by the Zuma/Gupta alliance. State capture, albeit in a different form, has occurred in the Department of Trade and Industry (DTI) in regard to its custodianship of intellectual property. Beginning in the late nineteen nineties, with the advent to power in Trade and Industry of Minster Alex Erwin, a “third force” has assumed control of this important area of the law with...

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The technical function exclusion in design law

Posted by on Nov 9, 2018 in Design, IPStell | Comments Off on The technical function exclusion in design law

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...

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Is Plagiarism Unlawful?

Posted by on Oct 16, 2018 in Copyright, IPStell | Comments Off on Is Plagiarism Unlawful?

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...

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Commissioned works – with special reference to literary works

Posted by on Sep 11, 2018 in Copyright, IPStell | Comments Off on Commissioned works – with special reference to literary works

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,...

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The Plagiarist on Trial – a legal perspective on plagiarism

Posted by on Aug 2, 2018 in Copyright, IPStell | Comments Off on The Plagiarist on Trial – a legal perspective on plagiarism

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...

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Full comments: Copyright Amendment Bill 2018

Posted by on Jul 22, 2018 in Copyright, IPStell | Comments Off on Full comments: Copyright Amendment Bill 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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