Posts Tagged "Bill"

Braking With Tradition

Posted on Nov 30, 2012

Braking With Tradition

INTRODUCTION As will be apparent from perusing the articles posted on this blog indicated by the keywords “traditional knowledge”,  The Vine Oracle has been forthright in its criticism and condemnation of the Department of Trade and Industry’s Intellectual Property Laws Amendment Bill which seeks to introduce a special form of protection for so-called “traditional knowledge” into each of the Trade Marks, Copyright, Designs and Performance Protection Acts (the Bill is commonly known as the “Traditional Knowledge Bill”).  The Vine Oracle has been the proponent of the viewpoint...

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A New Tradition In Legislation

Posted on Sep 28, 2012

A New Tradition In Legislation

The South African government has created a new tradition in drafting and processing legislation through Parliament.  This tradition manifests itself in the drafting of half-baked legislation with little or no regard to the provisions of the Constitution and then fighting a huge public outcry against the legislation on the grounds that it is unconstitutional. In some instances the government  then concedes that aspects of the legislation are unconstitutional and it seeks to undertake the revision of that legislation on the floor of Parliament in an attempt to circumvent the claims of...

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Assignments of IP to non-residents: the amended Exchange Control Regulations

Posted on Jul 3, 2012

Assignments 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 contrast, the purpose of this note is to briefly...

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Public Outcry Against US Bills Felt Across The Globe

Posted on Mar 29, 2012

Public 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 its English-language site entirely offline on 18...

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NEW Traditional Knowledge Bill – Sui Generis Protection for TK

Posted on Feb 27, 2012

NEW 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...

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