Posts Tagged "legislation"

The Winning Choice For Traditional Culture

Posted on Jul 20, 2013

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 match between two opposing, albeit ill-matched, forces seeking to use the intellectual property law system for the protection of traditional knowledge. In 2004 the Cabinet  approved the adoption of a policy on Indigenous Knowledge Systems, known as the IKS Policy. Pursuant to this the...

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Letting the Copyright Cat Out Of The Bag

Posted on Apr 22, 2013

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 that were the extent of government’s failure in relation to its policy shortcomings, I could, perhaps, shrug my shoulders and attempt to be philosophical about such matters.  However, when government then proceeds to ignore (and, possibly,...

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HOT OFF THE PRESSES – Sui Generis TK Bill Published In The Gazette

Posted on Apr 9, 2013

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 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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Braking With Tradition

Posted on Nov 30, 2012

Braking 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...

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The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Posted on Nov 2, 2012

The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Introduction Because intellectual property rights are territorial in nature (i.e. they have to be recognised by the country in which protection is sought), since the expansion of cross-border trade in the 19th century, authors, creators, designers, inventors and traders have sought similar protection in other countries to that which they enjoy in their domestic legal systems, or, at least, be afforded the protection enjoyed by nationals of the foreign country.  This need initially gave rise to a number of bilateral agreements, and then multilateral treaties or conventions. These treaties or...

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