The Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?
1 Introduction Despite there being no internationally-accepted agreement on the mechanism for protecting indigenous (or traditional) knowledge, or indigenous (or traditional) cultural expressions, the South African government appears to be determined to introduce some form of protection in this area. To that end, the Department of Science and Technology (“DST”) published the latest draft of the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill (the “2016 IKS Bill) on 8 April 2016 (GG 39910).[1] This follows its first draft Bill which was published...
Read MoreNew IP Law Book Invaluable
“It is their practical experience in the evolvement of intellectual property for a period of close on four decades and their academic input which renders this textbook invaluable.” With these words, Judge Mabel Jansen of the Gauteng High court introduced the new book jointly authored by the Chair of Intellectual Property Law and Spoor & Fisher, specialist intellectual property practitioners. (Click here to read the rest of Judge Jansen’s speech delivered on 13 November at the book launch in Pretoria.) The new book, Dean & Dyer: Introduction to Intellectual Property...
Read MoreUnveiling The Wolf
The erstwhile Intellectual Property Laws Amendment Bill (“IPLAB”), generally known as the “Traditional Knowledge Bill”, became an Act when it was published in the Government Gazette as having been assented to by President Jacob Zuma on 10 December 2013. This despite vociferous objection from the IP community and other informed sources. (Read more about IPLAB here, here, here and here.) The general consensus was that the Bill was fundamentally flawed and an abominable piece of legislation. Issue was not taken with the notion that traditional knowledge requires improved protection, but...
Read MoreAn Anthem To Ignorance – The Case Of Nkosi Sikelel’ iAfrika
Articles dealing with Nkosi Sikelel’ iAfrika and claims by various parties that they hold copyright in it and are entitled to claim, and have claimed, royalties for its use and public performance appeared over the weekend of 17 June 2012 in City Press and Rapport, and possibly other newspapers. These articles claimed that, unlike enterprising third parties, the South African Government has missed out on vast sums of money by way of royalties for use of the song such as at major international sports events. With respect, these articles are well wide of the mark and exhibit a woeful...
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