Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Select Committee on Trade and Industry, Economic Development, Small Business […]
Following its comprehensive review and comments submitted on the various versions of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill, the Chair of IP law has again submitted comments on the Bills. These comments are submitted pursuant to the invitation extended by the Western Cape Provincial Parliament’s Standing Committee on Finance, Economic Opportunities […]
I am a struggling author. Don’t get me wrong, I don’t struggle to put the proverbial pen to paper. On the contrary, the words flow easily and in abundance. I fondly believe that I have a way with words – I receive complimentary comments. I have lots of stories to tell. I want to tell […]
INTRODUCTION The New Shorter Oxford English Dictionary gives the following as a meaning of the word “friend”: “A person who wishes another, a cause etc., well; a sympathizer, helper, patron…” Carole King, the famous songwriter/performer, gives a good description of the characteristics of a friend in her iconic song, You’ve Got a Friend. The drafters […]
Prof Karjiker’s comments on the draft the Performers’ Protection Amendment Bill [B24-2016] (the “Amendment Bill”), are submitted to the Portfolio Committee on Trade and Industry (the “Portfolio Committee”) pursuant to the invitation of the Portfolio Committee. These comments will focus on the interaction between the Performer’s Protection Act 11 of 1967 (the “Principal Act”) and the […]
Discussion: Court of Justice of the European Union; November 10, 2016, Case 30/15, Simba/EUIPO (full text here). In this case the CJEU could further clarify how to apply the rule of European trade mark law providing that trade marks that consist exclusively of a shape or other characteristic of a product that is necessary […]
The Copyright Amendment Draft Bill (GG No 39028, 27 July 2015) (‘the Bill’) is by all accounts a grave misfortune and a study in amateur law-making. Enough has been said on this point to make it clear that the DTI has tripped at the first hurdle and that a re-evaluation is the only hope of […]
On 1 November 2013, the South African Department of Trade and Industry published the draft “Promotion and Protection of Investment Bill” (the “Draft Bill”) for comments. The Draft Bill comes shortly after South Africa decided to unilaterally terminate its bilateral investment treaties (“BITs”) with certain European states and specifically Belgium, the Netherlands, Luxemburg, Germany, Spain […]
As the pressure on “going green” increases internationally, eyes are turned to the protection of intellectual property and its mechanisms and particularly the question as to whether the World Trade Organization agreement on Trade Related Intellectual Property Rights (TRIPS) should include special flexibilities for access and dissemination of environmental sound technologies such as they occur […]
Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a bone of contention. Since the Statute of Anne (1710), the common antecedent of modern copyright law, this creature of statute […]
