CIP – The Anton Mostert Chair of Intellectual Property

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DTI Dishes Up A Hopeless Curate’s Egg

The figure of speech used in describing something as a “curate’s egg” derives from a cartoon by G du Maurier published in the British humorous magazine Punch in November 1895. It depicts a meek curate, faced with a bad egg at the Bishop’s breakfast table, commenting that it is partly good. In other words it […]

Posted in Copyright, IPStell Tagged Act, amendment, copyright amendment draft bill, disaster, DTI, problem 1 Comment

Let’s Pray for Mediocrity: Another Case of Legislative Diarrhoea

On 27 July 2015 the Department of Trade and Industry (“the DTI”) published the Copyright Amendment Bill 2015 (the “Amendment Bill”) in the Government Gazette, asking for public comment within 30 days from such date. Given the number of issues contained in the Amendment Bill that needs to be addressed, it will be almost impossible […]

Posted in Copyright, IPStell Tagged 2015, amendment, Copyright, draft bill, legislation, problem, tribunal 1 Comment

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 […]

Posted in IPStell, Publications, Traditional Knowledge Tagged Bill, intellectual property laws amendment bill, Knowledge, legislation, mistake, Parliament, problem, regulation, TK, TK Bill, Traditional, traditional knowledge

A Different Ball Game

Readers will have observed from perusing the articles on this blog that I have commented on a number of occasions on the proclaimed intention of the Government to pass legislation curtailing or prohibiting the use of trade marks on tobacco products, both on their packages and in advertising.  I have expressed the view that by […]

Posted in IPStell, Trade Marks Tagged Australia, cost, deprivation, deprive, disaster, expropriation, fire, problem, property, remuneration, smoke, tobacco, trademark, trademarks

Fire Fighting

Australia is notorious for being a country plagued by rampant bush fires.  Over the years, valuable agricultural land, forestry, residential areas and even towns have been threatened or wiped out by uncontrollable bush fires. These bush fires have given rise to considerable damage and even loss of life.  It is perhaps therefore not surprising that […]

Posted in IPStell, Trade Marks Tagged brand, deprive, expropriate, problem, trademark, trademarks

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 […]

Posted in IPStell, Traditional Knowledge Tagged Bill, courts, Government, indigenous, legislation, mistake, Parliament, problem, secrecy, TK, traditional knowledge

Assignments of IP to non-residents: the amended Exchange Control Regulations

The Exchange Control Regulations (the “Regulations”) have been amended with effect from 8 June 2012 (Government Gazette No. 35430) to provide that transfers of ownership of intellectual property from a South African resident to a non-resident now require prior Treasury approval.  While this amendment to the Regulations has drawn comments or criticisms from commentators, these […]

Posted in Copyright, Design, IPStell, Patents, Trade Marks Tagged assignment, Bill, drafting, export, Government, IPO, non-residents, problem, regulation, rights, transfer 1 Comment

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, […]

Posted in Copyright, IPStell, Patents, Trade Marks Tagged Copyright, invention, Knowledge, problem, protection, trademark, University

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”. […]

Posted in IPStell, Traditional Knowledge Tagged art, Copyright, culture, drafting, Government, indigenous, Knowledge, legislation, mistake, Parliament, problem, TK, trademarks, Traditional, traditional knowledge 1 Comment
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    The Anton Mostert Chair of Intellectual Property is an independent research unit of the Faculty of Law, Stellenbosch University. For more information visit the About page, or contact us: ipchair@sun.ac.za

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    The views and opinions expressed on the CIP website are strictly those of the page author(s) and content contributor(s). The contents of the CIP website have not been reviewed or approved by Stellenbosch University.

    © 2025 CIP - The Anton Mostert Chair of Intellectual Property, Stellenbosch University All Rights Reserved

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