Posts Tagged "patent"

Public Health Sector and the South African National Policy on Intellectual Property

Posted on Jan 24, 2014

Public Health Sector and the South African National Policy on Intellectual Property

The publication of the South African National Policy on intellectual property (SANIPP) in September 2013 has opened a proverbial can of worms and the Pharmaceutical industry is up in arms. The SANIPP proposes the introduction of stronger IP rights through the introduction of, amongst others, pre-and post-grant opposition proceedings, and makes reference to the introduction of compulsory licensing provisions in the Patents Act.  Whilst the focus is on various industries, the matter of public health and the pharmaceutical industry forms a central theme of the SANIPP. The Innovative...

Read More

Draft Policy on Patents – Passages from India?

Posted on Oct 22, 2013

Draft Policy on Patents – Passages from India?

Introduction The Draft National Policy on Intellectual Property (DNPIP) of South Africa was published on 4 September 2013 for public comments. Despite the fact that the DNPIP is not conducive to a systematic and consequential analysis of it and displays an alarming lack of understanding and/or knowledge of existing South African IP law one cannot overlook the repetitive element of requirement for “stronger patents” which the DNPIP states will be achieved through implementation of a search and examination system as well as pre- and post-grant opposition proceedings. There are different...

Read More

Government’s reflections on the world of Intellectual Property

Posted on Sep 30, 2013

Government’s reflections on the world of Intellectual Property

INTRODUCTION Have you ever basked in the warm sunshine of a glorious summer’s day, in daydreaming mode, and allowed your mind simply to wander at random? You start with a thought, you turn it over in your mind, and then a point is reached where you go off at a tangent and muse over some largely unrelated thought, only to be diverted in yet another direction. Eventually you may go the full circle and come back momentarily to the point of departure, before heading off again elsewhere. Daydreaming can be a very pleasant experience and it has the beauty that you do not have to make any...

Read More

Clean Power Technology Protection

Posted on Jun 24, 2013

Clean Power Technology Protection

As the pressure on “going green” increases internationally, eyes are turned to the protection of intellectual property and its mechanisms and particularly the question as to whether the World Trade Organization agreement on Trade Related Intellectual Property Rights (TRIPS) should include special flexibilities for access and dissemination of environmental sound technologies such as they occur in the fields of health or nutrition and how can this be of benefit? It is argued that the IP system has been associated with some limitations with regards access or spread of technologies and while...

Read More

IP Heirlooms – Testamentary Assignment of Digital Contents

Posted on Sep 25, 2012

IP Heirlooms – Testamentary Assignment of Digital Contents

Recent media reports raised several questions about the transfer of so-called digital “property” by means of a testamentary bequest. These digital works include e-books, songs, videos, movies, applications and other forms of intellectual expression recorded in digital format and distributed to end-users by means of web traders such as Kalahari, Amazon and Apple iTunes. According to these reports, individuals who sought to provide for the transfer of their personal collections of digital works after their death found that the law does not specifically provide for such transfer of...

Read More