All IPStell

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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?...

read more

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...

read more

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

read more

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...

read more

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...

read more

Freedom to operate conundrum

Posted by on Apr 21, 2021 in IPStell, Patents | Comments Off on Freedom to operate conundrum

Freedom 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...

read more

Copyright Blind Spot

Posted by on Apr 19, 2021 in Copyright, IPStell | Comments Off on Copyright Blind Spot

Copyright Blind Spot

INTRODUCTION Blind people are at a distinct disadvantage and face serious challenges when it comes to reading the written word. They need written text to be rendered in braille or in electronic form to permit a text-to-speech functionality with easy navigation across the text. Unfortunately, such adapted-for-disability-utility versions of written text are in short supply or are not always optimally operational. The international community, and more particularly the World Intellectual Property Organization (WIPO), has embraced this plight of...

read more

The virtual reality and hard data of successful university start-ups that may succeed…or not!

Posted by on Jun 14, 2020 in IPStell, Publications | Comments Off on The virtual reality and hard data of successful university start-ups that may succeed…or not!

The virtual reality and hard data of successful university start-ups that may succeed…or not!

Dr Madelein Kleyn has written a piece for the June 2020 publication of the Les Nouvelles, the journal of the Licensing Executives Society International, on the challenges faced by start-up businesses and the risk management strategies to combat such challenges.

read more

Representations Regarding Possible Amendments to Section 25 of The Constitution

Posted by on Feb 3, 2020 in Copyright, IPStell | Comments Off on Representations Regarding Possible Amendments to Section 25 of The Constitution

Representations Regarding Possible Amendments to Section 25 of The Constitution

Introduction The South African Constitutional Court has ruled that the term “property” in the Section 25 of the Constitution covers not only land but also all forms of property including intellectual property (i.e. patents, designs, copyright trade marks and the like). In the event that, as proposed, this section is amended to allow property to be expropriated without compensation, it will mean that this principle will apply also to intellectual property. All and any patents, copyrights and trade marks etc., whether owned by South African...

read more

IP Public Lecture 2019 – the changing role of advertising

Posted by on Sep 5, 2019 in Events, IPStell | Comments Off on IP Public Lecture 2019 – the changing role of advertising

IP Public Lecture 2019 – the changing role of advertising

THIS EVENT IS NOW CLOSED Watch the video of the lecture below. The 2019 annual intellectual property law public lecture, presented by the Anton Mostert Chair of Intellectual Property Law at the Faculty of Law, will address the role of advertising in IP disputes, with a focus on the changes that regulation of advertising has undergone in light of social and economic pressures. The lecture will be delivered by Gail Schimmel, CEO of the Advertising Regulatory Board, on the topic No Time to be Chicken. Her address will deal with the need to have...

read more

Masterclass: Prof Dean discuss Netflix’s “The Lion’s Share”

Posted by on Jul 14, 2019 in Copyright, IPStell | Comments Off on Masterclass: Prof Dean discuss Netflix’s “The Lion’s Share”

Masterclass: Prof Dean discuss Netflix’s “The Lion’s Share”

Prof Dean was the guest on Azania Mosaka’s Masterclass series on Radio 702 to discuss the real story of Mbube, recently retold in the Netflix docu-drama “The Lion’s Share”. Listen to the podcast of the masterclass here (click the images below). If you are not yet familiar with the basic facts, below is a short synopsis of the events, which will soon be published in Managing Intellectual Property.   Listen on Radio 702 podcasts   Listen on Apple podcasts   MIGHTY MOUSE AND THE SOMNOLENT LION’S...

read more

Awakening the Lion in the Jungle

Posted by on May 31, 2019 in Copyright, IPStell | Comments Off on Awakening the Lion in the Jungle

Awakening the Lion in the Jungle

“Your mandate is to find a way, and to do everything possible, to enable the children of Solomon Linda, the composer of a song called MBUBE, which later evolved into the international hit song THE LION SLEEPS TONIGHT, to derive some financial benefit from the considerable revenues generated by the popularity of THE LION SLEEPS TONIGHT. You should recommend any reasonable course of action which you can conceive and we are willing to finance it even if it means conducting litigation abroad.” This instruction came from representatives...

read more

Intellectual Property Law and How it Applies to Sport Events

Posted by on Apr 9, 2019 in Ambush Marketing, Copyright, Design, IPStell, Merchandise Marks, Trade Marks | Comments Off on Intellectual Property Law and How it Applies to Sport Events

Intellectual Property Law and How it Applies to Sport Events

In this special World IP Day article, Prof Owen Dean revisits the theme of IP rights protection for sporting events in South African law, with a focus on the developments and the Cricket World Cup 2019 as an example.    Introduction Major sports are big business and vast sums of money are involved in staging sport events. This global trend was brought into sharp focus in South Africa during the 2010 FIFA World Cup. The 2010 FIFA World Cup provided an excellent example of the role that branding plays in major sports, and how it can...

read more

World IP Day 2019: Reach for Gold

Posted by on Mar 27, 2019 in Events, IPStell | Comments Off on World IP Day 2019: Reach for Gold

World IP Day 2019: Reach for Gold

On 25 April 2019 the Chair of IP Law, in cooperation with Innovus, will celebrate World IP Day with a public seminar on the theme Reach for Gold: IP and Sport. The seminar will include discussions on the sports nutrition, cutting-edge technologies in sports, high performance technology support, sport concussion diagnosis and the rise of e-sports. The event will allow attendees to encounter a variety of groundbreaking innovations and is followed by a cocktail reception. The event is sponsored by IP law firms Spoor & Fisher and Von...

read more

Great Listening: Discourse on the Copyright Amendment Bill

Posted by on Jan 30, 2019 in Copyright, IPStell, Publications | Comments Off on Great Listening: Discourse on the Copyright Amendment Bill

Great Listening: Discourse on the Copyright Amendment Bill

Prof Sadulla Karjiker, the incumbent Chair of IP Law, joined Hugh Melamdowitz, partner at Spoor & Fisher, and Wiseman Ngubo, head of legal and business Affairs for CAPASSO (Composers, Authors and Publishers Association) on Classic FM 1027’s Classic Business to discuss the diversity of views on the latest draft of the Copyright Amendment Bill. Listen to the podcast below or click here to visit the website. Follow Share on...

read more

IP Rights perspective: Ubuntu Baba v Woolworths

Posted by on Jan 10, 2019 in Copyright, IPStell, Patents | Comments Off on IP Rights perspective: Ubuntu Baba v Woolworths

IP 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 more

Copyleft Amendments to Copyright

Posted by on Nov 26, 2018 in Copyright, IPStell | Comments Off on Copyleft Amendments to Copyright

Copyleft Amendments to Copyright

So called “state capture” is a concept which currently dominates current public discourse. It represents the usurpation and domination of the powers of the state by the Zuma/Gupta alliance. State capture, albeit in a different form, has occurred in the Department of Trade and Industry (DTI) in regard to its custodianship of intellectual property. Beginning in the late nineteen nineties, with the advent to power in Trade and Industry of Minster Alex Erwin, a “third force” has assumed control of this important area of the law with...

read more

The technical function exclusion in design law

Posted by on Nov 9, 2018 in Design, IPStell | Comments Off on The technical function exclusion in design law

The technical function exclusion in design law

The DOCERAM/CeramTec-case (C-395/16) is the first case dealing with the meaning of the “technical function” exclusion in relation to Community designs. The CJEU’s judgment provides an interpretation of Article 8(1) of Council Regulation (EC) No. 6/2002 on Community designs (the “Regulation”) – and hence, indirectly, also of Article 7(1) of Directive 98/71/EC on the legal protection of designs – which provides that “a design right shall not subsist in features of appearance of a product which are solely...

read more

Is Plagiarism Unlawful?

Posted by on Oct 16, 2018 in Copyright, IPStell | Comments Off on Is Plagiarism Unlawful?

Is Plagiarism Unlawful?

INTRODUCTION “Plagiarism” is a much misunderstood and misused term in common parlance. In layman’s terms it is generally used to convey the notion of copying or reproducing the work of another in a clandestine manner. Although it is not specifically mentioned or perhaps even considered as an element, by implication it entails such misuse being without permission. It is often used as a synonym for, or in lieu of, “copyright infringement” and it is generally thought to amount to the same thing. Supposedly, being copyright infringement...

read more

Commissioned works – with special reference to literary works

Posted by on Sep 11, 2018 in Copyright, IPStell | Comments Off on Commissioned works – with special reference to literary works

Commissioned works – with special reference to literary works

There is a common misconception concerning copyright works, namely, that the person who has commissioned the creation of a copyright work also owns the copyright in such a work.  This article will illustrate that, in the absence of an express contractual arrangement, it is only in a limited number of situations that the commissioner of a copyright work will also be the copyright owner of such a work. Copyright protection is provided for by the Copyright Act 98 of 1978 (“the Act”).  The Act determines what types of works are protected,...

read more

The Plagiarist on Trial – a legal perspective on plagiarism

Posted by on Aug 2, 2018 in Copyright, IPStell | Comments Off on The Plagiarist on Trial – a legal perspective on plagiarism

The Plagiarist on Trial – a legal perspective on plagiarism

In an attempt to circumscribe the range of “nefarious conduct”[1] that may amount to plagiarism, many resort to a discourse on ethical standards,[2] literary technique,[3] institutional values, citation methodology, copyright infringement[4] or theft.[5] Although these discussions, at least in part, approach a grasp on what plagiarism means, none are acceptable from a legal perspective. Moreover, while reliance is placed on moral considerations instead of the law, the intolerable risk remains that cases of plagiarism will be adulterated by...

read more

Full comments: Copyright Amendment Bill 2018

Posted by on Jul 22, 2018 in Copyright, IPStell | Comments Off on Full comments: Copyright Amendment Bill 2018

Full comments: Copyright Amendment Bill 2018

Following its comprehensive review and comments submitted on the 2015 and 2017 versions of the Copyright Amendment Bill, the Chair of IP law has again submitted comments on the 2018 version. The full text of the Chair’s comments, authored by Proff Sadulla Karjiker and Owen Dean, is available for download here. Download comments   Follow Share on...

read more

MaXhosa v Zara

Posted by on May 2, 2018 in Copyright, Design, IPStell, Trade Marks | Comments Off on MaXhosa v Zara

MaXhosa v Zara

Prof Owen Dean recently discussed the likelihood of legal action by Laduma Ngxokolo against fashion house Zara for infringement of the MaXhosa by Laduma designs. The interview with Prof Dean was broadcast on 702 radio as part of the Night Talk programme hosted by Gugulethu Mhlungu. You can listen to the interview here.   Featured image source: http://www.maxhosa.co.za/about Follow Share on...

read more

Full Stop Ahead: Public interest in blocking digital content

Posted by on Feb 1, 2018 in Copyright, IPStell, Trade Marks | Comments Off on Full Stop Ahead: Public interest in blocking digital content

Full Stop Ahead: Public interest in blocking digital content

It makes for the perfect ideological storm when IP law and ICT law meet and the right to freedom of expression stands in the way. Capitalist and socialist, activist and pacifist, pragmatist and idealist: differing legal experts abound in the battle for, or against, IP rights in the digital environment. Two recent developments which illustrate this tension, might serve South Africans well, if observed with care. First, the recent ruling of the General Court of the European Union in Constantin Film Produktion GmbH v EUIPO[i] made it clear that...

read more

BEPS and Intangibles: How does it impact IP tax structures?

Posted by on Feb 1, 2018 in Copyright, Design, IPStell, Patents, Plant Breeders Rights, Trade Marks | Comments Off on BEPS and Intangibles: How does it impact IP tax structures?

BEPS 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...

read more

Commentary: Draft Intellectual Property Policy Phase 1 2017

Posted by on Nov 8, 2017 in IPStell, Patents, Publications | Comments Off on Commentary: Draft Intellectual Property Policy Phase 1 2017

Commentary: 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...

read more

Copyright in taste? CJEU to decide.

Posted by on Oct 17, 2017 in Copyright, IPStell | Comments Off on Copyright in taste? CJEU to decide.

Copyright in taste? CJEU to decide.

“Whether copyright protection protects tastes has been stirring up emotions in European legal circles for some time. Some say that such protection would be contrary to the idea-expression dichotomy, the notion that ideas and principles underlying any element of a work can never be protected. Others argue protecting taste would negatively affect free competition, among other things. Allowing taste copyright would lead to creative stagnation because when chefs invent new dishes and thus tastes, they always build on already existing...

read more

Good read: a truly South African novel on copyright law

Posted by on Oct 17, 2017 in Copyright, IPStell, Publications | Comments Off on Good read: a truly South African novel on copyright law

Good read: a truly South African novel on copyright law

It is about time! Great news for those in need of new, good fiction in the courtroom drama sub-genre with a truly South African perspective – the new book The Summit Syndrome has just been published by Authorhouse UK. And the best part – it is set as a copyright infringement case authored by the man who knows how to tell this story very well, Professor Owen Dean. Mixing legal suspense with a character-driven plot “in this dramatic story of treachery, betrayal, love, and an obsession to succeed, a lawyer takes on a complex...

read more

ANC Legal Research Group on Copyright Amendment Bill

Posted by on Oct 15, 2017 in Copyright, IPStell, Publications | Comments Off on ANC Legal Research Group on Copyright Amendment Bill

ANC Legal Research Group on Copyright Amendment Bill

The legal research group of the African National Congress held a workshop in Sandton on 14 October 2017 to discuss the Copyright Amendment Bill 2017 with input from a panel of experts and questions from the attendees. The panel included the current Chair of Intellectual Property Law at Stellenbosch University, Prof Sadulla Karjiker, and the founding Chair and current Fellow of IP Law at Stellenbosch University, Prof Owen Dean. A detailed, diverse and open discussion followed the panel presentations on inter alia the application of copyright...

read more

IP: Politics and Beyond

Posted by on Sep 29, 2017 in Copyright, IPStell, Patents, Trade Marks | Comments Off on IP: Politics and Beyond

IP: 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...

read more

Full Review: Copyright Amendment Bill 2017

Posted by on Jun 14, 2017 in Copyright, IPStell, Publications | Comments Off on Full Review: Copyright Amendment Bill 2017

Full Review: Copyright Amendment Bill 2017

The Chair of IP Law has submitted its commentary on the 2017 Copyright Amendment Bill, version B13-2017, published by the Department of Trade and Industry on 16 May 2017, pursuant to Government Gazette (Notice 799 of 2017 (GG 40121, 5 July 2016). The full text of the Chair’s comments, drafted by Prof Sadulla Karjiker and Mr Cobus Jooste, is available here.   Follow Share on...

read more

Video: Prof Karjiker on the Copyright Amendment Bill

Posted by on Jun 14, 2017 in IPStell, Publications, Uncategorized | Comments Off on Video: Prof Karjiker on the Copyright Amendment Bill

Video: Prof Karjiker on the Copyright Amendment Bill

The incumbent of the Chair of IP Law, Prof Sadulla Karjiker, recently addressed the Geneva Network/Free Market Foundation Roundtable discussion on South Africa’s journey to a knowledge economy: progress and challenges. His speech dealt with the 2017 Copyright Amendment Bill, and supplements the comments of the Chair of IP Law on the Bill. You can watch a recording of Prof Karjiker’s speech here. You can read more about the 2017 Bill here.     Follow Share on...

read more

Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

Posted by on Jun 12, 2017 in Copyright, IPStell | Comments Off on Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

Open Letter to the Minister of Trade and Industry – Copyright Amendment Bill 2017

The Anton Mostert Chair of Intellectual Property Law at Stellenbosch University (the “Chair”) has addressed an open letter to the Minister of Trade and Industry, Rob Davies, concerning the Copyright Amendment Bill [B13-2017] (the “2017 Bill”), published by the Department of Trade and Industry (“DTI”) on 16 May 2017. In light of the poor drafting of the 2017 Bill, and its far-reaching consequences, the Chair has urged the Minister: to extend the period within which written submissions must be made; and, to ensure that the 2017 Bill,...

read more

Freedom to innovate – did Government get the message?

Posted by on Apr 16, 2017 in Copyright, IPStell, Patents, Plant Breeders Rights, Trade Marks, Traditional Knowledge | Comments Off on Freedom to innovate – did Government get the message?

Freedom to innovate – did Government get the message?

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 human intellectual endeavour to improve our lives. In recent years, Freedom Day celebrations have been reduced to the favourite grandstanding occasion for politicians. While celebrating, many public figures will repeat...

read more

Performers’ Protection Amendment Bill Commentary

Posted by on Feb 5, 2017 in Copyright, IPStell | Comments Off on Performers’ Protection Amendment Bill Commentary

Performers’ Protection Amendment Bill Commentary

Prof Karjiker’s comments on the draft the Performers’ Protection Amendment Bill [B24-2016] (the “Amendment Bill”), are submitted to the Portfolio Committee on Trade and Industry (the “Portfolio Committee”) pursuant to the invitation of the Portfolio Committee. These comments will focus on the interaction between the Performer’s Protection Act 11 of 1967 (the “Principal Act”) and the Copyright Act 98 of 1978 (the “Copyright Act”). However, the comments also raise matters of concern present in the Amendment...

read more

No Trade Mark Protection for Rubik’s Cube Puzzle

Posted by on Dec 9, 2016 in IPStell, Trade Marks | Comments Off on No Trade Mark Protection for Rubik’s Cube Puzzle

No Trade Mark Protection for Rubik’s Cube Puzzle

Discussion: Court of Justice of the European Union; November 10, 2016, Case 30/15, Simba/EUIPO (full text here). ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ In this case the CJEU could further clarify how to apply the rule of European trade mark law providing that trade marks that consist exclusively of a shape or other characteristic of a product that is necessary to obtain a technical result cannot be protected. The decision is interesting for South African trade mark law, since section 10(5) of the Trade...

read more

What’s In A Name

Posted by on Aug 30, 2016 in IPStell, Trade Marks | Comments Off on What’s In A Name

What’s In A Name

In his play “Romeo and Juliet” William Shakespeare advanced the proposition through his character Juliet: “What’s in a name? That which we call a rose by any other name would smell as sweet.” What he was saying was that the flower, the rose, had intrinsic value, and, no matter what name it was given, that intrinsic value would be unaffected. The actual name, per se, was thus irrelevant and had little or no value. That proposition may have had some merit in the seventeenth century and in the specific context in which it was advanced,...

read more

Reviewed: IP Consultative Framework 2016

Posted by on Aug 24, 2016 in Copyright, IPStell, Patents, Trade Marks | Comments Off on Reviewed: IP Consultative Framework 2016

Reviewed: IP Consultative Framework 2016

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 laws as a result of the failure to proceed with such rigour in the recent past. To read the IP Chair’s full review of the IP Consultative Framework click...

read more

News reports and fair dealing: Moneyweb v Media24

Posted by on May 17, 2016 in Copyright, IPStell | Comments Off on News reports and fair dealing: Moneyweb v Media24

News reports and fair dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) (full text available here) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in...

read more

The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

Posted by on Apr 18, 2016 in IPStell, Traditional Knowledge | Comments Off on The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?

1 Introduction Despite there being no internationally-accepted agreement on the mechanism for protecting indigenous (or traditional) knowledge, or indigenous (or traditional) cultural expressions, the South African government appears to be determined to introduce some form of protection in this area. To that end, the Department of Science and Technology (“DST”) published the latest draft of the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill (the “2016 IKS Bill) on 8 April 2016 (GG 39910).[1] This...

read more

Licencing of Patent Applications – Pre-Grant Royalty Earning

Posted by on Dec 7, 2015 in IPStell, Patents | Comments Off on Licencing of Patent Applications – Pre-Grant Royalty Earning

Licencing of Patent Applications – Pre-Grant Royalty Earning

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 grant can take many years. Patent offices’ backlogs often result in a three year (or longer) delay before any office actions are issued or an application is...

read more

IP Public Lecture 2015 – Downloads Available

Posted by on Nov 18, 2015 in Copyright, Publications | Comments Off on IP Public Lecture 2015 – Downloads Available

IP Public Lecture 2015 – Downloads Available

The annual Intellectual Property Law Public Lecture was presented by Prof Owen Dean on 6 October 2015 on the topic Copyright as an Agent of Social Justice – perspective on the Lion Sleeps Tonight case.  To read more about the lecture click here. If you missed the lecture, you can watch the video podcast of the lecture, with slides included, by downloading one of the files below. Please select the appropriate option by clicking on the download button below. A suitable media player may be downloaded here.   Option 1 IP Public...

read more

Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

Posted by on Aug 24, 2015 in Copyright, IPStell | Comments Off on Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

Unscrambling the Curate’s Egg – Full Review of the Copyright Amendment Bill

In an earlier article posted on this blog, the Copyright Amendment Bill published in Government Gazette no. 39028, dated 27 July, 2915, was described as a curate’s egg, i.e something that is fundamentally bad but in principle has some good aspects. The view was expressed that the Bill could not be cured by piecemeal amendments, and that it was necessary to go back to the beginning, decide rationally what is actually wanted and warranted, and then re-draft it afresh. We stand by and reiterate this view. Nevertheless, in the interests of...

read more

A Diamond in the Rough – Technology and the Copyright Amendment Act

Posted by on Aug 19, 2015 in Copyright, IPStell | Comments Off on A Diamond in the Rough – Technology and the Copyright Amendment Act

A Diamond in the Rough – Technology and the Copyright Amendment Act

The Copyright Amendment Draft Bill (GG No 39028, 27 July 2015) (‘the Bill’) is by all accounts a grave misfortune and a study in amateur law-making. Enough has been said on this point to make it clear that the DTI has tripped at the first hurdle and that a re-evaluation is the only hope of achieving a grade that would admit it to the Introduction to Copyright Law 101 examination. However, it is noteworthy that the Bill contains a set of provisions that is worthy of (limited) praise and deserving of closer analysis. These are, among others,...

read more

DTI Dishes Up A Hopeless Curate’s Egg

Posted by on Aug 5, 2015 in Copyright, IPStell | 1 comment

DTI Dishes Up A Hopeless Curate’s Egg

The figure of speech used in describing something as a “curate’s egg” derives from a cartoon by G du Maurier published in the British humorous magazine Punch in November 1895. It depicts a meek curate, faced with a bad egg at the Bishop’s breakfast table, commenting that it is partly good. In other words it is something that is thoroughly bad but is discreetly said to be partly good.[1] “The term relies on an objective analysis and intuitive understanding of the depicted scenario: a self-contained egg cannot be both partially spoiled...

read more