An epistle of the Anton Mostert Chair of Intellectual Property
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IP Heirlooms – Testamentary Assignment of Digital Contents
Recent media reports raised several questions about the transfer of so-called digital “property” by means of a testamentary bequest. These digital works include e-books, songs, videos, movies, applications and other forms of intellectual expression recorded in digital format and distributed to end-users by means of web traders such as Kalahari, Amazon and Apple iTunes. According to these reports, individuals who sought to provide for the transfer of their personal collections of digital works after their death found that the law does not...
read moreFriend or Foe? – Publicly Funded IP
The introduction of the new IPR from Publicly Funded Research and Development Act is a significant milestone in empowering local universities in their negotiations with industry partners around research funding and managing the results flowing out of such research. The importance and value of intellectual property, which until recently was a vague term in the language of most academics, was highlighted and prominence was given to it at all levels of the University. The Technology Transfer Office (TTO) made use of the opportunity to educate...
read moreMedals, Models & Moguls – The Fashion News Roundup
In this special report, the VineOracle (IPStell’s personal pundit on all things IP) brings news (and her own brand of predictions) for the aesthetically minded visitor. And it is a star-studded cast of high-flyers (and fast swimmers) from Paris and New York representing some of the most exclusive brands. But do not be fooled by the A-list members on call, from what the VineOracle hears, these celebrities are prone to IP rights violations aplenty. Read on: Michael Phelps caught double dipping on the IOC’s bill The greatest Olympian...
read morePatently Wrong – The jury’s verdict in Apple v Samsung
All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation. After nearly 18 months of protracted trench-warfare between Apple and Samsung’s formidable IP legal teams in the Northern District Court of California, Judge Lucy Koh surrendered the matter to a panel of 9 laymen (and women). A mere 22 hours later the (well rested and fed) jury had finished studying Judge Koh’s 109 page instructions and 26 pages of the parties’ juror forms, answered all 56 factual and legal questions and...
read moreForm Over Function – ECJ Rules On Software Copyright
Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a bone of contention. Since the Statute of Anne (1710), the common antecedent of modern copyright law, this creature of statute exists exclusively for the protection of the material expression of ideas, and not the underlying ideas, facts or discoveries contained in the work. For this reason, copyright protection vests at the...
read moreAssignments of IP to non-residents: the amended Exchange Control Regulations
The Exchange Control Regulations (the “Regulations”) have been amended with effect from 8 June 2012 (Government Gazette No. 35430) to provide that transfers of ownership of intellectual property from a South African resident to a non-resident now require prior Treasury approval. While this amendment to the Regulations has drawn comments or criticisms from commentators, these have principally related to, inter alia, the apparent reversal of the stated policy of relaxing exchange controls or the alleged invalidity of the amendment. In...
read moreFrom the horse’s MOUTH? – Government’s views on the National Anthem
Government, and more particularly the Departments of Trade and Industry and Arts and Culture, entered into the current controversy around the ownership of the copyright in the National Anthem by issuing a media release on 18 June 2012. With respect, its contribution to the debate evidences the same lack of knowledge and insight into Copyright Law that is apparent in its ill-conceived and executed Intellectual Property Laws Amendment Bill (the infamous so-called “Traditional Knowledge Bill”) In regard to the ownership and duration of...
read moreAn Anthem To Ignorance – The Case Of Nkosi Sikelel’ iAfrika
Articles dealing with Nkosi Sikelel’ iAfrika and claims by various parties that they hold copyright in it and are entitled to claim, and have claimed, royalties for its use and public performance appeared over the weekend of 17 June 2012 in City Press and Rapport, and possibly other newspapers. These articles claimed that, unlike enterprising third parties, the South African Government has missed out on vast sums of money by way of royalties for use of the song such as at major international sports events. With respect, these articles are...
read moreThe Pot Of Gold At The Beginning Of The Rainbow
The Iziko South African Art Gallery is currently featuring an expedition entitled “A Centenary Celebration of the life and work of Barbara Tyrrell”. Barbara Tyrrell is a South African artist and author and the exhibition comprises a selection of over 150 of her highly decorative and accurate visual reproductions of Southern African tradition costumes and tribal dress, as well as items of adornment. The various subject matters comprise traditional South African art works and are themselves copyright artistic works. During the 1950’s...
read moreGOLDEN OLDIES? – Gallo Music v Sting Music
Gallo Music and Sting Music have locked horns in the South Gauteng Division of the High Court over copyright in certain songs named Thula Baba, Unomathemba and Siliwelile. Gallo claims that it owns the copyright in these songs and that Sting therefore required their authority to include them in the stage musical Umoja and that it is entitled to claim royalties arising out of the inclusion of these songs in the musical. Sting, on the other hand, claims that the songs are traditional and therefore in the public domain with the result that...
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