IPStell

An epistle of the Anton Mostert Chair of Intellectual Property


Hear it on the grapevine – news, analysis commentary and reviews of everything that matters in IP law directly from the Vine Oracle

 Sort or search articles by:

Category / Keyword / Topic / All

The use of this website, and its contents, are subject to terms and conditions.

 

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