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
Read MoreFreedom 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...
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...
Read MoreBEPS 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 planning structures especially as these rights usually does not have a fixed geographical basis and is highly mobile as a result can be relocated without significant costs. Many MNEs utilize IP structuring...
Read MoreCommentary: 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 2017 (the “2017 Draft IP Policy”).[1] The Minister of Trade and Industry, Rob Davies, has invited interested persons to submit written comments on the 2017 Draft IP Policy by 17 November 2017,[2] and these comments are submitted in...
Read MoreIP: 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 find it difficult to substantiate their criticisms with good evidence, other than for anecdotal tales. Second, critics of intellectual property fail to realise, or acknowledge, that intellectual...
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