CIP – The Anton Mostert Chair of Intellectual Property

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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 […]

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Posted in IPStell, Patents Tagged COVID-19, patent, TRIPS

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. […]

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Posted in IPStell, Patents Tagged freedom to operate, invention, patent

IP 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.

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Posted in Copyright, IPStell, Patents Tagged infringement, rights, Ubuntu baby carrier, Woolworths

BEPS and Intangibles: How does it impact IP tax structures?

Intangible assets constitute a major value-driver for multi-national enterprises (MNEs). This is even more so for companies that rely on valuable intangibles rather than physical assets to generate financial returns. Intangibles such as patents, design, trademarks (or brands) and copyrights are generally easy to identify, value and transfer and as such attractive for multi-national tax […]

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Posted in Copyright, Design, IPStell, Patents, Plant Breeders Rights, Trade Marks Tagged export, IP, MNE, tax

Commentary: Draft Intellectual Property Policy Phase 1 2017

Prof Sadulla Karjiker and Dr Madelein Kleyn recently submitted the following comments to the DTI on the Draft IP Policy Phase 1 2017. The full text of the IP Chair’s commentary may be downloaded here. Introduction The Department of Trade and Industry published the Draft Intellectual Property Policy of the Republic of South Africa Phase I […]

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Posted in IPStell, Patents, Publications Tagged commentary, draft, examination, exceptions, intellectual property, IP Policy, patent system, Phase 1, review

IP: Politics and Beyond

“Critics of intellectual property law are apt to resort to sweeping generalisations about the unacceptable social costs of intellectual-property protection. First, as is the case with many issues concerning indigenous knowledge, these critics, who seek to undermine the property rights established by intellectual property law, often resort to making rather emotive, and sensational, claims, but […]

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Posted in Copyright, IPStell, Patents, Trade Marks Tagged Draft National Policy, Inaugural, politics

Freedom to innovate – did Government get the message?

On 27 April, Freedom Day, we will pause to mark the most significant moment in South African history and commemorate the day when freedom, above all else, became the nation’s guiding principle. The day before, World IP Day, we celebrate the achievements of our brethren that influence our every-day lives and the ability of free […]

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Posted in Copyright, IPStell, Patents, Plant Breeders Rights, Trade Marks, Traditional Knowledge Tagged amendment, Bill, Copyright, Government, patent, rights, trade marks, traditional knowledge, world ip day

Reviewed: IP Consultative Framework 2016

Summary: While the Department of Trade and Industry’s recently published Intellectual Property Consultative Framework promises that future legislation will be the result of a thorough examination of the matters of concern by experts, and stakeholders, in the field, it should also consider undoing the potential damage which may have already been done to our intellectual property […]

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Posted in Copyright, IPStell, Patents, Trade Marks

Licencing of Patent Applications – Pre-Grant Royalty Earning

Research and development is costly. International patent portfolios even more so. The business strategy of most corporations, when filing a patent application, is to seek some return on R&D investment, mostly through self-exploitation of the products of R&D, or through royalty earnings from intellectual Property (IP). The time frame between filing a patent application to […]

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Posted in IPStell, Patents Tagged abroad, application, foreign, international, license, patent, royalty

Google’s Silver Bullet for Patent Trolls

Technology companies take note: Google may have found a way to beat patent trolls, and you are invited to join them. The term “patent troll” refers to an entity which exists for the sole purpose of enforcing or licensing patent rights which were not the result of its own innovation. Although the term “patent assertion […]

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Posted in Editorial, IPStell, Patents Tagged Google, LOT, network, patent, patent pool, troll
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The views and opinions expressed on the CIP website are strictly those of the page author(s) and content contributor(s). The contents of the CIP website have not been reviewed or approved by Stellenbosch University.

© 2025 CIP – The Anton Mostert Chair of Intellectual Property, Stellenbosch University All Rights Reserved

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The Anton Mostert Chair of Intellectual Property is an independent research unit of the Faculty of Law, Stellenbosch University. For more information visit the About page, or contact us: ipchair@sun.ac.za

Notice

The views and opinions expressed on the CIP website are strictly those of the page author(s) and content contributor(s). The contents of the CIP website have not been reviewed or approved by Stellenbosch University.

© 2025 CIP - The Anton Mostert Chair of Intellectual Property, Stellenbosch University All Rights Reserved

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