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 […]

Happy Birthday in Wonderland

Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably […]

Letting the Copyright Cat Out Of The Bag

The almost endless capacity of government to waste valuable resources by embarking on half-baked, and socially costly, ideas never ceases to amaze me.  What makes the situation deeply troubling (and, not just a little, ironic) is that they sometimes spend money employing consultants to tell them that they are wasting money on these enterprises.  If […]

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 […]

GOLDEN OLDIES? – Gallo Music v Sting Music

Gallo Music and Sting Music have locked horns in the South Gauteng Division of the High Court over copyright in certain songs named Thula Baba, Unomathemba and Siliwelile.  Gallo claims that it owns the copyright in these songs and that Sting therefore required their authority to include them in the stage musical Umoja and that […]

Popularisation of Intellectual Property

INTRODUCTION Intellectual property is commonly regarded as an esoteric branch of the law.  It is characterised by being complex and until recently it has been a little understood and somewhat discrete area of the law.  Its complexity stems from the fact that it has as its subject matter intangible items such as marks, ideas, concepts, […]

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”. […]