Representations Regarding Possible Amendments to Section 25 of The Constitution
Introduction The South African Constitutional Court has ruled that the term “property” in the Section 25 of the Constitution covers not only land but also all forms of property including intellectual property (i.e. patents, designs, copyright trade marks and the like). In the event that, as proposed, this section is amended to allow property to be expropriated without compensation, it will mean that this principle will apply also to intellectual property. All and any patents, copyrights and trade marks etc., whether owned by South African or foreign nationals, will be subject to this...
Read MoreMasterclass: Prof Dean discuss Netflix’s “The Lion’s Share”
Prof Dean was the guest on Azania Mosaka’s Masterclass series on Radio 702 to discuss the real story of Mbube, recently retold in the Netflix docu-drama “The Lion’s Share”. Listen to the podcast of the masterclass here (click the images below). If you are not yet familiar with the basic facts, below is a short synopsis of the events, which will soon be published in Managing Intellectual Property. Listen on Radio 702 podcasts Listen on Apple podcasts MIGHTY MOUSE AND THE SOMNOLENT LION’S SHARE Solomon Linda from Zululand composed an ethnic...
Read MoreAwakening the Lion in the Jungle
“Your mandate is to find a way, and to do everything possible, to enable the children of Solomon Linda, the composer of a song called MBUBE, which later evolved into the international hit song THE LION SLEEPS TONIGHT, to derive some financial benefit from the considerable revenues generated by the popularity of THE LION SLEEPS TONIGHT. You should recommend any reasonable course of action which you can conceive and we are willing to finance it even if it means conducting litigation abroad.” This instruction came from representatives of Gallo (Africa) Limited, the South African...
Read MoreIntellectual Property Law and How it Applies to Sport Events
In this special World IP Day article, Prof Owen Dean revisits the theme of IP rights protection for sporting events in South African law, with a focus on the developments and the Cricket World Cup 2019 as an example. Introduction 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. The 2010 FIFA World Cup provided an excellent example of the role that branding plays in major sports, and how it can benefit the organisers of major sporting events and the...
Read MoreGreat Listening: Discourse on the Copyright Amendment Bill
Prof Sadulla Karjiker, the incumbent Chair of IP Law, joined Hugh Melamdowitz, partner at Spoor & Fisher, and Wiseman Ngubo, head of legal and business Affairs for CAPASSO (Composers, Authors and Publishers Association) on Classic FM 1027’s Classic Business to discuss the diversity of views on the latest draft of the Copyright Amendment Bill. Listen to the podcast below or click here to visit the website. Follow Share on...
Read MoreIP Rights perspective: Ubuntu Baba v Woolworths
Prof Owen Dean discussed the recent controversy about the Ubuntu Baba baby carrier and a similar Woolworths product with Azania Mosaka on 702 Radio to explain how IP rights may find application in similar circumstances. You can read extracts of the interview, or listen to the full interview below, or visit the 702 page. Follow Share on...
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