Amending Copyright – Footing the Bill
The Copyright Amendment Bill (CAB) was passed by Parliament despite widespread criticism and condemnation by informed commentators. The CAB was rejected by President Ramaphosa and referred back to Parliament with the direction that it be reviewed and amended where necessary. His objections were mainly centered around the problem that it contained provisions that are in conflict with the South African Constitution and more particularly the Bill of Rights contained in Chapter 2, sections 7 – 39. ‘FOOTING THE BILL’ The term or expression ‘footing the bill’ can have several meanings...
Read MoreReconstituting the Copyright Amendment Bill
Every golfer has had the experience of duffing a shot – driving the ball straight into a water hazard – and, having incurred a penalty stroke, hitting a perfect drive straight down the middle of the fairway at the second attempt. This has given rise to the golfing adage: Confucius say hit second shot first! In similar vein, Parliament has produced a horrendous piece of copyright legislation, but has now been given a second chance to get it right, without incurring any penalty. Will it take up and optimize this break, that is the question? Time will tell. THE ESSENCE OF COPYRIGHT Copyright...
Read MoreLet’s Pray for Mediocrity: Another Case of Legislative Diarrhoea
On 27 July 2015 the Department of Trade and Industry (“the DTI”) published the Copyright Amendment Bill 2015 (the “Amendment Bill”) in the Government Gazette, asking for public comment within 30 days from such date. Given the number of issues contained in the Amendment Bill that needs to be addressed, it will be almost impossible for one person to give comprehensive comments within the allotted time, unless that is their only task. It never ceases to amaze me how much time now has to be dedicated, by myself, and other academics and professionals, in trying to get legislation which is...
Read MoreOpen Letter – Plain Packaging Legislation and the Constitution
NOTE: The following open letter has been delivered by email to the office of the Minister of Health of the Republic of South Africa on 31 July 2014. The contents of this letter is published here in furtherance of the debate on plain packaging legislation and the potential impact on the Constitutional rights of the proprietor. OPEN LETTER 31 July 2014 The Honourable Minister of Health Dr Pakishe Aaron Motsoaledi Civitas Building Corner of Thabo Sehume and Struben Streets Private Bag X828 PRETORIA 0001 Dear Dr Motsoaledi, RE: PREVENTION OF USE OF TRADE MARKS ON PACKAGING FOR...
Read MoreThe Winning Choice For Traditional Culture
Note: Seldom will the VineOracle descend into the dust of the arena, even when the winner is known to her in advance. But on this occasion she considers it necessary to expound upon the recent developments in IP legal development for the sake of those who care to learn. Here is her report on the match between two opposing, albeit ill-matched, forces seeking to use the intellectual property law system for the protection of traditional knowledge. In 2004 the Cabinet approved the adoption of a policy on Indigenous Knowledge Systems, known as the IKS Policy. Pursuant to this the...
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