Posts Tagged "protection"

Confessions of a Struggling Author

Posted on Dec 6, 2022

Confessions of a Struggling Author

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 them. Why then, you ask, am I struggling? I will tell you. I am an experienced attorney specializing in Intellectual Property Law, especially Copyright. I have written a text book on the subject and have published literally hundreds of learned articles in legal journals. I hold a doctors degree in law (for...

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Authors, you’ve got a friend?

Posted on May 31, 2021

Authors, you’ve got a friend?

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 of the Copyright Amendment Bill (“CAB”), which is currently before Parliament, purport to be the friend of creative persons, referred to as “authors” in respect of all kinds of creative works, including books, songs, paintings...

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Performers’ Protection Amendment Bill Commentary

Posted on Feb 5, 2017

Performers’ Protection Amendment Bill Commentary

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 Copyright Act 98 of 1978 (the “Copyright Act”). However, the comments also raise matters of concern present in the Amendment Bill. The full text of the comments appear below, and may...

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No Trade Mark Protection for Rubik’s Cube Puzzle

Posted on Dec 9, 2016

No Trade Mark Protection for Rubik’s Cube Puzzle

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 to obtain a technical result cannot be protected. The decision is interesting for South African trade mark law, since section 10(5) of the Trade Marks Act contains an almost identical rule. Simba, a...

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A Diamond in the Rough – Technology and the Copyright Amendment Act

Posted on Aug 19, 2015

A Diamond in the Rough – Technology and the Copyright Amendment Act

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 achieving a grade that would admit it to the Introduction to Copyright Law 101 examination. However, it is noteworthy that the Bill contains a set of provisions that is worthy of (limited) praise and deserving of closer analysis. These are, among others, the proposed amendments to the Copyright Act...

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