Posts Tagged "comments"

Full comments: Copyright Amendment Bill 2018

Posted on Jul 22, 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...

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Full Review: Copyright Amendment Bill 2017

Posted on Jun 14, 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...

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

Posted on Jun 12, 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, as currently drafted, is not passed as...

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Performers’ Protection Amendment Bill Commentary

Posted on Feb 5, 2017

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 Bill. The full text of the comments appear below, and may...

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Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

Posted on Aug 24, 2015

Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

In an earlier article posted on this blog, the Copyright Amendment Bill published in Government Gazette no. 39028, dated 27 July, 2915, was described as a curate’s egg, i.e something that is fundamentally bad but in principle has some good aspects. The view was expressed that the Bill could not be cured by piecemeal amendments, and that it was necessary to go back to the beginning, decide rationally what is actually wanted and warranted, and then re-draft it afresh. We stand by and reiterate this view. Nevertheless, in the interests of ultimately having a workable and reasonable piece of...

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