Assignments of IP to non-residents: the amended Exchange Control Regulations
The Exchange Control Regulations (the “Regulations”) have been amended with effect from 8 June 2012 (Government Gazette No. 35430) to provide that transfers of ownership of intellectual property from a South African resident to a non-resident now require prior Treasury approval. While this amendment to the Regulations has drawn comments or criticisms from commentators, these have principally related to, inter alia, the apparent reversal of the stated policy of relaxing exchange controls or the alleged invalidity of the amendment. In contrast, the purpose of this note is to briefly...
Read MoreThe Pot Of Gold At The Beginning Of The Rainbow
The Iziko South African Art Gallery is currently featuring an expedition entitled “A Centenary Celebration of the life and work of Barbara Tyrrell”. Barbara Tyrrell is a South African artist and author and the exhibition comprises a selection of over 150 of her highly decorative and accurate visual reproductions of Southern African tradition costumes and tribal dress, as well as items of adornment. The various subject matters comprise traditional South African art works and are themselves copyright artistic works. During the 1950’s and 1960’s Barbara Tyrrell undertook a journey...
Read MoreHow Intellectual Property Law Applies To Sport
Major sports are big business and vast sums of money are involved in staging sport events. This global trend was brought into sharp focus in South Africa during the 2010 FIFA World Cup, which provided an excellent example of the role that branding plays in major sports, both generally and more especially in South Africa., explains how best the law can be applied to benefit everyone involved. A long established organisation, the Federation Internationale de Football Association (FIFA) has developed a very clear policy for protection of brands relating to the tournament. This has come to the...
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