Posts Tagged "invention"

Popularisation of Intellectual Property

Posted on Apr 30, 2012

Popularisation of Intellectual Property

INTRODUCTION Intellectual property is commonly regarded as an esoteric branch of the law.  It is characterised by being complex and until recently it has been a little understood and somewhat discrete area of the law.  Its complexity stems from the fact that it has as its subject matter intangible items such as marks, ideas, concepts, goodwill, cultural expressions and the like.  This must be contrasted with tangible goods like vehicles, ships, equipment, household goods, and immovable items such as portions of land, all of which have a physical existence.  The application of the law to...

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To publish or not to publish, that is the question

Posted on Mar 29, 2012

To publish or not to publish, that is the question

We are all familiar with the old academic adage, “publish or perish”, but when commercialisable research outputs have associated potential intellectual property, any published or presented outputs from the research prior to filing patent applications can result in a minefield for the patent applicant. There are two important intrinsic requirements for obtaining a patent for an invention in most countries in the world, the first is that the invention must be new and the second is that the invention must be inventive or non-obvious.  In order to be new, an invention cannot have been made ...

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Recipe Patents

Posted on Mar 29, 2012

Recipe Patents

Can Food Recipes be Patented in South Africa? Cookery has become one of the most popular past times of the last few years.  This is illustrated by the enormous popularity of TV shows such as “Masterchef” and “Come Dine with Me”; and cookbooks by celebrity chefs such as Jamie Oliver and Nigella Lawson. This leads to an interesting question – Can food recipes be patented in South Africa? To answer this it is necessary, as with any invention, to look into the statutory requirements for patentability. No matter how delicious the dish, the recipe must still meet the basic conditions...

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