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 […]
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. […]
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.
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 […]
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 […]
“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 […]
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 […]
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 […]
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 […]
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 […]
