Posts Tagged "TK"

Unveiling The Wolf

Posted on Feb 11, 2014

Unveiling 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...

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Government’s reflections on the world of Intellectual Property

Posted on Sep 30, 2013

Government’s reflections on the world of Intellectual Property

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 largely unrelated thought, only to be diverted in yet another direction. Eventually you may go the full circle and come back momentarily to the point of departure, before heading off again elsewhere. Daydreaming can be a very pleasant experience and it has the beauty that you do not have to make any...

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The Winning Choice For Traditional Culture

Posted on Jul 20, 2013

The Winning Choice For Traditional Culture

Note: Seldom will the VineOracle descend into the dust of the arena, even when the winner is known to her in advance. But on this occasion she considers it necessary to expound upon the recent developments in IP legal development for the sake of those who care to learn. Here is her report on the match between two opposing, albeit ill-matched, forces seeking to use the intellectual property law system for the protection of traditional knowledge. In 2004 the Cabinet  approved the adoption of a policy on Indigenous Knowledge Systems, known as the IKS Policy. Pursuant to this the...

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Happy Birthday in Wonderland

Posted on Jun 24, 2013

Happy Birthday in Wonderland

Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a...

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Letting the Copyright Cat Out Of The Bag

Posted on Apr 22, 2013

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 that were the extent of government’s failure in relation to its policy shortcomings, I could, perhaps, shrug my shoulders and attempt to be philosophical about such matters.  However, when government then proceeds to ignore (and, possibly,...

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