An epistle of the Anton Mostert Chair of Intellectual Property
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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 moreCommentary: 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 moreCopyright 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 moreGood 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 moreANC 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 moreIP: 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 moreFull 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 moreVideo: 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 moreOpen 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 moreFreedom 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...
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