Posts Tagged "legislation"

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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The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Posted on Nov 2, 2012

The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Introduction Because intellectual property rights are territorial in nature (i.e. they have to be recognised by the country in which protection is sought), since the expansion of cross-border trade in the 19th century, authors, creators, designers, inventors and traders have sought similar protection in other countries to that which they enjoy in their domestic legal systems, or, at least, be afforded the protection enjoyed by nationals of the foreign country.  This need initially gave rise to a number of bilateral agreements, and then multilateral treaties or conventions. These treaties or...

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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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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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The Mad Hatter in Wonderland

Posted on Nov 1, 2011

The Mad Hatter in Wonderland

So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it.  It has caused the Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters.  It has rushed headlong into terrain where no angel would venture through acute trepidation.  It has entered Wonderland and assumed the role of the Mad Hatter.  ”rushed headlong into terrain where no angel would venture through acute trepidation” The Vine Oracle (that is to be found in the vineyards of the Winelands)...

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