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 and partially unspoiled. To pretend to find...
Read MoreUnveiling The Wolf
The erstwhile Intellectual Property Laws Amendment Bill (“IPLAB”), generally known as the “Traditional Knowledge Bill”, became an Act when it was published in the Government Gazette as having been assented to by President Jacob Zuma on 10 December 2013. This despite vociferous objection from the IP community and other informed sources. (Read more about IPLAB here, here, here and here.) The general consensus was that the Bill was fundamentally flawed and an abominable piece of legislation. Issue was not taken with the notion that traditional knowledge requires improved protection, but...
Read MoreA Different Ball Game
Readers will have observed from perusing the articles on this blog that I have commented on a number of occasions on the proclaimed intention of the Government to pass legislation curtailing or prohibiting the use of trade marks on tobacco products, both on their packages and in advertising. I have expressed the view that by so doing the Government will be depriving the trade mark owners of their valuable items of property which is at odds with Section 25 of the South African Constitution, unless compensation is paid for such depravation or expropriation. In this regard see the items...
Read MoreBraking With Tradition
INTRODUCTION As will be apparent from perusing the articles posted on this blog indicated by the keywords “traditional knowledge”, The Vine Oracle has been forthright in its criticism and condemnation of the Department of Trade and Industry’s Intellectual Property Laws Amendment Bill which seeks to introduce a special form of protection for so-called “traditional knowledge” into each of the Trade Marks, Copyright, Designs and Performance Protection Acts (the Bill is commonly known as the “Traditional Knowledge Bill”). The Vine Oracle has been the proponent of the viewpoint...
Read MoreThe Mad Hatter in Wonderland
So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it. It has caused the Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters. It has rushed headlong into terrain where no angel would venture through acute trepidation. It has entered Wonderland and assumed the role of the Mad Hatter. ”rushed headlong into terrain where no angel would venture through acute trepidation” The Vine Oracle (that is to be found in the vineyards of the Winelands)...
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