IPStell

The official blog of the Chair of Intellectual Property

Reconstituting the Copyright Amendment Bill

Posted on Jun 14, 2021

Reconstituting 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...

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Authors, you’ve got a friend?

Posted on May 31, 2021

Authors, you’ve got a friend?

INTRODUCTION The New Shorter Oxford English Dictionary gives the following as a meaning of the word “friend”: “A person who wishes another, a cause etc., well; a sympathizer, helper, patron…” Carole King, the famous songwriter/performer, gives a good description of the characteristics of a friend in her iconic song, You’ve Got a Friend. The drafters of the Copyright Amendment Bill (“CAB”), which is currently before Parliament, purport to be the friend of creative persons, referred to as “authors” in respect of all kinds of creative works, including books, songs, paintings...

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Waiver of IP Rights in the Eye of the COVID-19 Pandemic

Posted on May 25, 2021

Waiver of IP Rights in the Eye of the COVID-19 Pandemic

Dr Madelein Kleyn (Director Technolgy Transfer, Innovus and fellow of the Anton Mostert Chair of Intellectual Property Law) has written a piece contemplating whether it is possible to waive IP rights in view of the minimum requirements set by the TRIPS Agreement for the protection of IP Rights, in light of the patent waiver controversy regarding the COVID-19 vaccine. Read the full article here.   Follow Share on Tumblr

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Commentary: Draft Regulations to the Geoscience Act 100 of 1993

Posted on May 18, 2021

Commentary: Draft Regulations to the Geoscience Act 100 of 1993

Innovus, the Technology Transfer Office of Stellenbosch and the Stellenbosch University Department of Earth Science, and the Department of Geotechnical Engineering have submitted their commentary on the Draft Regulations to the Geoscience Act 100 of 1993, published for comment on 3 March 2021. These comments were compiled by Prof Alexander Kisters (Head of Department: Department of Earth Science), Prof Peter Day (Adjunct Professor: Geotechnical Engineering), Andre Pelser (Attorney at Roux De Villiers & Associates), and Dr Madelein Kleyn (Director Technolgy Transfer, Innovus and fellow of...

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Written submission: Proposed National Data and Cloud Policy

Posted on May 18, 2021

Written submission: Proposed National Data and Cloud Policy

Innovus, the Technology Transfer Office of Stellenbosch, has made a written submission to the proposed National Data and Cloud Policy in terms of the Electronic Communications Act 36 fo 2005. These comments were compiled by Andre Pelser (Attorney at Roux De Villiers & Associates), and Dr Madelein Kleyn (Director Technolgy Transfer, Innovus, and fellow of the Anton Mostert Chair of Intellectual Property Law). The full text of the written submission is available for download here. Download written submission   Follow Share on...

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Freedom to operate conundrum

Posted on Apr 21, 2021

Freedom to operate conundrum

Freedom to operate conundrum By Dr. Madelein Kleyn, Innovus, Stellenbosch University, South Africa         Abstract: Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value. Freedom to use, sell and otherwise exploit the invention is the challenge. This is so often misunderstood.   Introduction A patent grants a negative right to its owner, i.e.  the  right to exclude others from making, using, exercising, disposing, or offering to dispose of, or importing the invention as...

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