CIP – The Anton Mostert Chair of Intellectual Property

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Intellectual Property and the Constitution

Section 2 of the Constitution of the Republic of South Africa, 1996, provides that it is the supreme law of the country and that any law inconsistent with it is invalid. This provision creates the necessity to interpret the Copyright Act in a manner consistent with the Constitution at the risk of the Act, or […]

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Posted in Copyright, IPStell, Patents, Trade Marks Tagged bill of rights, constitution, gidani, human rights, intellectual property, laugh it off

A Spoon Full of Sugar for Plain Packaging

History has taught us that the South African Government, and the Legislature in particular, will not hesitate to make bad law. The volume of carelessly drafted, ill conceived, unconstitutional and overtly political laws that the public has been force-fed in recent years is so great that recourse to the Constitutional Court has become a pedestrian […]

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Posted in IPStell, Patents, Trade Marks Tagged Australia, cigarette, plain packaging, tobacco, trade mark

Patents and Public Health – The New Frontier

The long-awaited South African draft National Policy on Intellectual Property (the draft IP Policy) which was published on 4 September 2013 (read the policy here) has recently led to an unfortunate furore in the press. On 17 January 2014 Money MSN published a report based on a document that was leaked from the Innovative Pharmaceutical […]

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Posted in Editorial, IPStell, Patents Tagged DNPIP, draft, health, patent, Pharmaceutical, policy, public

Promotion and Protection of Investment Bill, 2013 – A Review

On 1 November 2013, the South African Department of Trade and Industry published the draft “Promotion and Protection of Investment Bill” (the “Draft Bill”) for comments. The Draft Bill comes shortly after South Africa decided to unilaterally terminate its bilateral investment treaties (“BITs”) with certain European states and specifically Belgium, the Netherlands, Luxemburg, Germany, Spain […]

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Posted in IPStell, Patents Tagged deprivation, DNPIP, Draft National Policy, expropriation, intellectual property, investment bill, promotion, protection

Public Health Sector and the South African National Policy on Intellectual Property

The publication of the South African National Policy on intellectual property (SANIPP) in September 2013 has opened a proverbial can of worms and the Pharmaceutical industry is up in arms. The SANIPP proposes the introduction of stronger IP rights through the introduction of, amongst others, pre-and post-grant opposition proceedings, and makes reference to the introduction […]

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Posted in IPStell, Patents Tagged DNPIP, Draft National Policy, health, intellectual property, patent, Pharmaceutical, public

Draft Policy on Patents – Passages from India?

Introduction The Draft National Policy on Intellectual Property (DNPIP) of South Africa was published on 4 September 2013 for public comments. Despite the fact that the DNPIP is not conducive to a systematic and consequential analysis of it and displays an alarming lack of understanding and/or knowledge of existing South African IP law one cannot […]

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Posted in IPStell, Patents Tagged DNPIP, Draft National Policy, India, patent, Reform

Government’s reflections on the world of Intellectual Property

INTRODUCTION Have you ever basked in the warm sunshine of a glorious summer’s day, in daydreaming mode, and allowed your mind simply to wander at random? You start with a thought, you turn it over in your mind, and then a point is reached where you go off at a tangent and muse over some […]

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Posted in Copyright, Design, IPStell, Patents, Publications, Trade Marks, Traditional Knowledge Tagged Copyright, design, DTI, intellectual property, intellectual property policy, IP Policy, National IP Policy, patent, SA IP Policy, TK, trademark, traditional knowledge

Clean Power Technology Protection

As the pressure on “going green” increases internationally, eyes are turned to the protection of intellectual property and its mechanisms and particularly the question as to whether the World Trade Organization agreement on Trade Related Intellectual Property Rights (TRIPS) should include special flexibilities for access and dissemination of environmental sound technologies such as they occur […]

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Posted in Editorial, IPStell, Patents Tagged access, clean, energy, green, patent, power, protection, renewable, technology

The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Introduction Because intellectual property rights are territorial in nature (i.e. they have to be recognised by the country in which protection is sought), since the expansion of cross-border trade in the 19th century, authors, creators, designers, inventors and traders have sought similar protection in other countries to that which they enjoy in their domestic legal […]

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Posted in Copyright, Design, IPStell, Patents, Trade Marks, Traditional Knowledge Tagged Africa, draft, legislation, PAIPO 1 Comment

Friend or Foe? – Publicly Funded IP

The introduction of the new IPR from Publicly Funded Research and Development Act is a significant milestone in empowering local universities in their negotiations with industry partners around research funding and managing the results flowing out of such research.  The importance and value of intellectual property, which until recently was a vague term in the […]

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Posted in Copyright, Editorial, IPStell, Patents
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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.

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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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