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 the customary refrain of this day – remark...
Read MoreThe 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 follows its first draft Bill which was published...
Read MoreThe Rooibos Rush
South Africa is no stranger to the fever that accompanies the discovery of gemstones or precious metal in a particular region. Indeed, for decades the mineral riches of our nation were legendary across the world and the object of several battles for imperial, colonial or feudal control over the diamond, gold, platinum and coal fields of South Africa. As a testament to this, the foothills of Table Mountain is home to the Rhodes Memorial dedicated to the fervently imperialist, English mining magnate Cecil John Rhodes, former Prime Minister of the Cape Colony, founder of De Beers Consolidated...
Read MoreProf Dean on Radio France International
Following Prof Dean’s address to the Cape Town Press Club last week, several reports appeared in the media referring to the very real problem of internet-driven copyright infringement in South Africa and the lack of legislative measures (or even attempts by Government) to address this problem. Prof Dean was also interviewed by Radio France International on these topics. You can listen to the interview below. Listen here To read the full media reports select the relevant publication below: Full text report Full text...
Read MoreHOT OFF THE PRESSES – Sui Generis TK Bill Published In The Gazette
Roll up and hear the good news! Today the new sui generis Protection of Traditional Knowledge Bill was published in the Government Gazette, signalling a major step toward the protection of traditional knowledge (TK) in South Africa. Full text of the Bill available here. This Bill is based on the Protection of TK Bill drafted by the incumbent of the Stellenbosch Chair of IP Law (CIP), Prof Owen Dean, and was tabled in Parliament by Dr Wilmot James earlier this year amid widespread and serious criticism of Government’s current attempt at protecting TK through the Intellectual Property Laws...
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