Written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge

The Chair has made written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge, pursuant to the invitation extended by the Minister of Science and Innovation on the publication of the “Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge Systems” (the “Draft […]

The Winning Choice For Traditional Culture

Note: Seldom will the VineOracle descend into the dust of the arena, even when the winner is known to her in advance. But on this occasion she considers it necessary to expound upon the recent developments in IP legal development for the sake of those who care to learn. Here is her report on the […]

HOT 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 […]

A New Tradition In Legislation

The South African government has created a new tradition in drafting and processing legislation through Parliament.  This tradition manifests itself in the drafting of half-baked legislation with little or no regard to the provisions of the Constitution and then fighting a huge public outcry against the legislation on the grounds that it is unconstitutional. In […]

NEW Traditional Knowledge Bill – Sui Generis Protection for TK

If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all. Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, […]

The 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 […]

TRADITIONAL KNOWLEDGE – Legislation in the NEW tradition

“Ex Africa semper aliquid novi”, which can be freely translated from Latin to mean “there is always something new coming out of Africa”, said Pliny, the ancient Roman writer and scholar. Presumably then, as is the case now, the concept of “new” included an expression of sarcasm and deprecation as in “absurd, nonsensical and ridiculous”. […]