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 or foreign nationals, will be subject to this...
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...
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, as currently drafted, is not passed as...
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