Dr Madelein Kleyn (Director Technolgy Transfer, Innovus and fellow of the Anton Mostert Chair of Intellectual Property Law) has written a piece contemplating whether it is possible to waive IP rights in view of the minimum requirements set by the TRIPS Agreement for the protection of IP Rights, in light of the patent waiver controversy […]
Freedom to operate conundrum By Dr. Madelein Kleyn, Innovus, Stellenbosch University, South Africa Abstract: Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value. Freedom to use, sell and otherwise exploit the invention is the challenge. This is so often misunderstood. […]
THIS EVENT IS NOW CLOSED Watch the video of the lecture below. The annual Intellectual Property Law Public Lecture, presented by the Chair of IP Law and the Faculty of Law, will take place on 16 August 2018. Prof. Dr. Christoph Ann will deliver the lecture on the topic Patent Enforcement – lessons for SA […]
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 […]
Research and development is costly. International patent portfolios even more so. The business strategy of most corporations, when filing a patent application, is to seek some return on R&D investment, mostly through self-exploitation of the products of R&D, or through royalty earnings from intellectual Property (IP). The time frame between filing a patent application to […]
Technology companies take note: Google may have found a way to beat patent trolls, and you are invited to join them. The term “patent troll” refers to an entity which exists for the sole purpose of enforcing or licensing patent rights which were not the result of its own innovation. Although the term “patent assertion […]
The long-awaited South African draft National Policy on Intellectual Property (the draft IP Policy) which was published on 4 September 2013 (read the policy here) has recently led to an unfortunate furore in the press. On 17 January 2014 Money MSN published a report based on a document that was leaked from the Innovative Pharmaceutical […]
The publication of the South African National Policy on intellectual property (SANIPP) in September 2013 has opened a proverbial can of worms and the Pharmaceutical industry is up in arms. The SANIPP proposes the introduction of stronger IP rights through the introduction of, amongst others, pre-and post-grant opposition proceedings, and makes reference to the introduction […]
Introduction The Draft National Policy on Intellectual Property (DNPIP) of South Africa was published on 4 September 2013 for public comments. Despite the fact that the DNPIP is not conducive to a systematic and consequential analysis of it and displays an alarming lack of understanding and/or knowledge of existing South African IP law one cannot […]
INTRODUCTION Have you ever basked in the warm sunshine of a glorious summer’s day, in daydreaming mode, and allowed your mind simply to wander at random? You start with a thought, you turn it over in your mind, and then a point is reached where you go off at a tangent and muse over some […]
