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An epistle of the Anton Mostert Chair of Intellectual Property


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IP Public Lecture 2021 – IP Law in the Light of the Information Society

Posted by on Sep 9, 2021 in Events, IPStell | 0 comments

IP Public Lecture 2021 – IP Law in the Light of the Information Society

The 2021 annual intellectual property law public lecture, presented by the Anton Mostert Chair of Intellectual Property Law at the Faculty of Law, will address IP law in the light of the information society. The lecture will be delivered by Prof. Dr. Thomas Hoeren from the Institute on Information, Telecommunications and Media Law (ITM) at the University of Münster, on the topic Information wants to be Free. The lecture takes place on 7 October at the Faculty of Law, Stellenbosch University. Due to Covid-19 regulations, this is a closed...

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Amending Copyright – Footing the Bill

Posted by on Jul 5, 2021 in Copyright, IPStell | Comments Off on Amending Copyright – Footing the Bill

Amending Copyright – Footing the Bill

The Copyright Amendment Bill (CAB) was passed by Parliament despite widespread criticism and condemnation by informed commentators. The CAB was rejected by President Ramaphosa and referred back to Parliament with the direction that it be reviewed and amended where necessary. His objections were mainly centered around the problem that it contained provisions that are in conflict with the South African Constitution and more particularly the Bill of Rights contained in Chapter 2, sections 7 – 39. ‘FOOTING THE BILL’ The term or...

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CIP written submissions on copyright exceptions in the Copyright Amendment Bill 2017

Posted by on Jul 2, 2021 in Copyright, IPStell | Comments Off on CIP written submissions on copyright exceptions in the Copyright Amendment Bill 2017

CIP written submissions on copyright exceptions in the Copyright Amendment Bill 2017

Following its comprehensive review and comments submitted on the 2015, 2017 and 2018 versions of the Copyright Amendment Bill, the Chair of IP law has again submitted comments specifically pertaining to the copyright exceptions in the Amendment Bill. The full text of the Chair’s comments is available for download here. Download comments Follow Share on...

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The Use Fair

Posted by on Jun 24, 2021 in Copyright, IPStell | Comments Off on The Use Fair

The Use Fair

We have all been to fun fairs. A fun fair is a facility set up in a vacant space, usually of temporary duration, devoted to providing entertainment to those who frequent it. There are ferris wheels, merry-go-rounds, helter skelters, tunnels of horrors, dodgem cars, roller coasters and the like. There are also stalls of one form or another where prizes can be won, such as coconut shies where wooden balls are thrown at coconuts, or other targets like effigies of people, with a view to knocking them off their pedestals. Handouts of free gifts are...

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Copyright Dark Forces

Posted by on Jun 24, 2021 in Copyright, IPStell | Comments Off on Copyright Dark Forces

Copyright Dark Forces

Copyright is a system which grants creatives (i.e. writers, artists, composers, film makers, record producers and the like) certain exclusive rights to their works which enable those works to be commercially exploited for financial reward. Creatives are thus empowered to make a living out of their works, which in turn is an incentive to make more and better works. In general, the modus operandi is for copyright owners to grant licences for the use of their works, subject to the payment of royalties. They have complete freedom and flexibility...

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Reconstituting the Copyright Amendment Bill

Posted by on Jun 14, 2021 in Copyright, From the Chair, IPStell | Comments Off on Reconstituting the Copyright Amendment Bill

Reconstituting the Copyright Amendment Bill

Every golfer has had the experience of duffing a shot – driving the ball straight into a water hazard – and, having incurred a penalty stroke, hitting a perfect drive straight down the middle of the fairway at the second attempt. This has given rise to the golfing adage: Confucius say hit second shot first! In similar vein, Parliament has produced a horrendous piece of copyright legislation, but has now been given a second chance to get it right, without incurring any penalty. Will it take up and optimize this break, that is the question?...

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Authors, you’ve got a friend?

Posted by on May 31, 2021 in Copyright, From the Chair, IPStell | Comments Off on Authors, you’ve got a friend?

Authors, you’ve got a friend?

INTRODUCTION The New Shorter Oxford English Dictionary gives the following as a meaning of the word “friend”: “A person who wishes another, a cause etc., well; a sympathizer, helper, patron…” Carole King, the famous songwriter/performer, gives a good description of the characteristics of a friend in her iconic song, You’ve Got a Friend. The drafters of the Copyright Amendment Bill (“CAB”), which is currently before Parliament, purport to be the friend of creative persons, referred to as “authors” in respect of all kinds of...

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Waiver of IP Rights in the Eye of the COVID-19 Pandemic

Posted by on May 25, 2021 in IPStell, Patents | Comments Off on Waiver of IP Rights in the Eye of the COVID-19 Pandemic

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

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Commentary: Draft Regulations to the Geoscience Act 100 of 1993

Posted by on May 18, 2021 in IPStell | Comments Off on Commentary: Draft Regulations to the Geoscience Act 100 of 1993

Commentary: Draft Regulations to the Geoscience Act 100 of 1993

Innovus, the Technology Transfer Office of Stellenbosch and the Stellenbosch University Department of Earth Science, and the Department of Geotechnical Engineering have submitted their commentary on the Draft Regulations to the Geoscience Act 100 of 1993, published for comment on 3 March 2021. These comments were compiled by Prof Alexander Kisters (Head of Department: Department of Earth Science), Prof Peter Day (Adjunct Professor: Geotechnical Engineering), Andre Pelser (Attorney at Roux De Villiers & Associates), and Dr Madelein Kleyn...

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Written submission: Proposed National Data and Cloud Policy

Posted by on May 18, 2021 in Data and Cloud Policy, IPStell, Uncategorized | Comments Off on Written submission: Proposed National Data and Cloud Policy

Written submission: Proposed National Data and Cloud Policy

Innovus, the Technology Transfer Office of Stellenbosch, has made a written submission to the proposed National Data and Cloud Policy in terms of the Electronic Communications Act 36 fo 2005. These comments were compiled by Andre Pelser (Attorney at Roux De Villiers & Associates), and Dr Madelein Kleyn (Director Technolgy Transfer, Innovus, and fellow of the Anton Mostert Chair of Intellectual Property Law). The full text of the written submission is available for download here. Download written submission   Follow Share on...

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