Roll up and hear the good news! Today the new sui generis Protection of Traditional Knowledge Bill was published in the Government Gazette, signalling a major step toward the protection of traditional knowledge (TK) in South Africa. Full text of the Bill available here. This Bill is based on the Protection of TK Bill drafted […]
The Stellenbosch Chair of Intellectual Property (CIP) has repeatedly, thoroughly and honestly expressed its views on the proposed Intellectual Property Laws Amendment Bill (the Traditional Knowledge Bill) in no uncertain terms. Its labours have included extensive research on the consequences for our IP regime if it was to become law, the financial, legal and practical […]
It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea. The term ROOIBOS is as typically South African as “braaivleis” […]
INTRODUCTION As will be apparent from perusing the articles posted on this blog indicated by the keywords “traditional knowledge”, The Vine Oracle has been forthright in its criticism and condemnation of the Department of Trade and Industry’s Intellectual Property Laws Amendment Bill which seeks to introduce a special form of protection for so-called “traditional knowledge” […]
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 […]
The South African government has created a new tradition in drafting and processing legislation through Parliament. This tradition manifests itself in the drafting of half-baked legislation with little or no regard to the provisions of the Constitution and then fighting a huge public outcry against the legislation on the grounds that it is unconstitutional. In […]
The Iziko South African Art Gallery is currently featuring an expedition entitled “A Centenary Celebration of the life and work of Barbara Tyrrell”. Barbara Tyrrell is a South African artist and author and the exhibition comprises a selection of over 150 of her highly decorative and accurate visual reproductions of Southern African tradition costumes and […]
Gallo Music and Sting Music have locked horns in the South Gauteng Division of the High Court over copyright in certain songs named Thula Baba, Unomathemba and Siliwelile. Gallo claims that it owns the copyright in these songs and that Sting therefore required their authority to include them in the stage musical Umoja and that […]
Copyright law had its origins in the 18th Century when the need was felt to protect the investment of printers in carrying out the new-fangled process of mass production of books. Its ambit was extended over the years to cover additional forms of works such as musical and artistic works and then in the 20th […]
If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all. Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, […]
