The technical function exclusion in design law
The DOCERAM/CeramTec-case (C-395/16) is the first case dealing with the meaning of the “technical function” exclusion in relation to Community designs. The CJEU’s judgment provides an interpretation of Article 8(1) of Council Regulation (EC) No. 6/2002 on Community designs (the “Regulation”) – and hence, indirectly, also of Article 7(1) of Directive 98/71/EC on the legal protection of designs – which provides that “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.” Such...
Read MoreThe Plagiarist on Trial – a legal perspective on plagiarism
In an attempt to circumscribe the range of “nefarious conduct”[1] that may amount to plagiarism, many resort to a discourse on ethical standards,[2] literary technique,[3] institutional values, citation methodology, copyright infringement[4] or theft.[5] Although these discussions, at least in part, approach a grasp on what plagiarism means, none are acceptable from a legal perspective. Moreover, while reliance is placed on moral considerations instead of the law, the intolerable risk remains that cases of plagiarism will be adulterated by the myriad of personal details, factual...
Read MoreBook Launch: Owen Dean’s latest novel Summit Syndrome
Prof Owen Dean’s latest work, The Summit Syndrome, is still fresh off the presses and is already attracting wide attention and resounding praise (read more here). This fictional courtroom drama is inspired by a real and fascinating copyright infringement/plagiarism case in SA and is a riveting read for everyone. Protea Bookshop will host a launch of the book on Saturday 23 June in the form of an interview with Prof Dean about the story behind the story and the many peaks along the journey from renowned IP practitioner and leading academic to novelist. The event is open to the...
Read MoreGood read: a truly South African novel on copyright law
It is about time! Great news for those in need of new, good fiction in the courtroom drama sub-genre with a truly South African perspective – the new book The Summit Syndrome has just been published by Authorhouse UK. And the best part – it is set as a copyright infringement case authored by the man who knows how to tell this story very well, Professor Owen Dean. Mixing legal suspense with a character-driven plot “in this dramatic story of treachery, betrayal, love, and an obsession to succeed, a lawyer takes on a complex and bizarre copyright case while in a state of...
Read MoreIP Public Lecture – Copyright as an Agent of Social Justice
THIS EVENT IS NOW CLOSED To watch the video podcast of the lecture, click here. The Chair of Intellectual Property Law will present the annual IP Public Lecture on 6 October 2015 with Prof Owen Dean, incumbent of the Chair of IP Law and consultant to Spoor & Fisher. The topic of Prof Dean’s lecture, Copyright as an Agent of Social Justice, will present a perspective on the “Lion Sleeps Tonight” case which was led by Prof Dean and marked a watershed moment in the development of South African copyright law. Introduction: Intellectual Property is viewed by some...
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