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An epistle of the Anton Mostert Chair of Intellectual Property


Hear it on the grapevine – news, analysis commentary and reviews of everything that matters in IP law directly from the Vine Oracle

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Rationale of copyright exceptions*

Posted by on Apr 26, 2023 in Copyright, IPStell | Comments Off on Rationale of copyright exceptions*

Rationale of copyright exceptions*

NATURE OF COPYRIGHT Copyright is a body of law that provides creators of written and other works with the power to exercise control over the commercial exploitation of their works. The rationale is to place authors in a position to derive material benefits from the fruits of their labours in creating original works, thus providing them with a means of deriving income and incentivizing them to create more and better works for the benefit of all. In practice, this is commonly achieved by enabling authors to charge royalties or fees for the...

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Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill

Posted by on Feb 1, 2023 in Copyright, IPStell | Comments Off on Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill

Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill

Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour to submit written comments on the two Bills. The full texts of the Chair’s comments are available for download...

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Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill – Western Cape

Posted by on Feb 1, 2023 in Copyright, IPStell | Comments Off on Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill – Western Cape

Written submissions on Copyright Amendment Bill and Performers’ Protection Amendment Bill – Western Cape

Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Western Cape Provincial Parliament’s Standing Committee on Finance, Economic Opportunities and Tourism (“Standing Committee”) to submit written comments on the two Bills. The full texts of the Chair’s comments are available for...

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Owen Dean’s Amicus Curiae Founding Affidavit in the Blind SA matter

Posted by on Jan 24, 2023 in Copyright, IPStell | Comments Off on Owen Dean’s Amicus Curiae Founding Affidavit in the Blind SA matter

Owen Dean’s Amicus Curiae Founding Affidavit in the Blind SA matter

Here is the downloadable version of Prof Owen Dean‘s amicus curiae founding affidavit in the matter of Blind SA v Minister of Trade, Industry and Competition [2022] ZACC 33. Download here   Follow Share on Tumblr

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Written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge

Posted by on Jan 20, 2023 in IPStell, Traditional Knowledge | Comments Off on Written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge

Written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge

The Chair has made written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge, pursuant to the invitation extended by the Minister of Science and Innovation on the publication of the “Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge Systems” (the “Draft IKS Regulations”) in General Notice 2647 of 2022 (GG 47292, 14 October 2022) (“GN 2647”) and General Notice 2722 of 2022 (GG 47453, 4...

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Confessions of a Struggling Author

Posted by on Dec 6, 2022 in Copyright, IPStell | Comments Off on Confessions of a Struggling Author

Confessions of a Struggling Author

I am a struggling author. Don’t get me wrong, I don’t struggle to put the proverbial pen to paper. On the contrary, the words flow easily and in abundance. I fondly believe that I have a way with words – I receive complimentary comments. I have lots of stories to tell. I want to tell them. Why then, you ask, am I struggling? I will tell you. I am an experienced attorney specializing in Intellectual Property Law, especially Copyright. I have written a text book on the subject and have published literally hundreds of learned articles in...

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Copyright Exemptions Unpacked

Posted by on Oct 24, 2022 in Copyright, IPStell | Comments Off on Copyright Exemptions Unpacked

Copyright Exemptions Unpacked

A basic primer on the fair dealing exemptions in copyright law, composed by Professor Owen Dean, now available for download here:   Copyright Exemptions Unpacked Follow Share on Tumblr

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Copyright Unpacked: a Basic Introduction to Copyright Law

Posted by on Oct 24, 2022 in Copyright, IPStell | Comments Off on Copyright Unpacked: a Basic Introduction to Copyright Law

Copyright Unpacked: a Basic Introduction to Copyright Law

A basic primer on copyright law, composed by Professor Owen Dean, now available for download here:   Copyright Unpacked       Follow Share on Tumblr

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Defects in Copyright Amendments Exposed

Posted by on Sep 23, 2022 in Copyright, IPStell | Comments Off on Defects in Copyright Amendments Exposed

Defects in Copyright Amendments Exposed

STATUS OF THE COPYRIGHT AMENDMENT BILL For literally years, informed commentators on copyright law have been telling the Government that the Copyright Amendment Bill is fundamentally flawed, badly drafted and misguided in many respects. Alas, none so blind as those who will not see and none so deaf as those who will not hear! The machinations around the passage of the Bill through Parliament and abortive attempts to make cosmetic improvements to it have led to it being a work in progress for more than five years now. It was passed, warts and...

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IP Public Lecture 2022 – Influence or Infringement in Music

Posted by on Aug 30, 2022 in Events, IPStell | Comments Off on IP Public Lecture 2022 – Influence or Infringement in Music

THIS EVENT IS NOW CLOSED Watch the video of the lecture below. The 2022 annual intellectual property law public lecture, presented by the Anton Mostert Chair of Intellectual Property Law at the Faculty of Law, will address influence or infringement in music. The lecture will be delivered by Owen Salmon SC from the Johannesburg Bar, on the topic To Create a Stairway to Heaven All You Need is Spirit. The lecture takes place on 6 October 2022 at the Faculty of Law, Stellenbosch University. The event is sponsored by Von Seidels IP Attorneys. Date:...

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