CIP – The Anton Mostert Chair of Intellectual Property

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Beating About The Rooibos

It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea.  The term ROOIBOS is as typically South African as “braaivleis” […]

Posted in Copyright, IPStell, Merchandise Marks, Trade Marks, Traditional Knowledge Tagged biltong, EU, Merchandise Marks Act, rooibos, springbok, trademark, trademarks, traditional knowledge 6 Comments

Braking With Tradition

INTRODUCTION As will be apparent from perusing the articles posted on this blog indicated by the keywords “traditional knowledge”,  The Vine Oracle has been forthright in its criticism and condemnation of the Department of Trade and Industry’s Intellectual Property Laws Amendment Bill which seeks to introduce a special form of protection for so-called “traditional knowledge” […]

Posted in IPStell, Traditional Knowledge Tagged AIPPI, Bill, disaster, legislation, mistake, TK, traditional knowledge, World Intellectual Property Congress

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

From the horse’s MOUTH? – Government’s views on the National Anthem

Government, and more particularly the Departments of Trade and Industry and Arts and Culture, entered into the current controversy around the ownership of the copyright in the National Anthem by issuing a media release on 18 June 2012. With respect, its contribution to the debate evidences the same lack of knowledge and insight into Copyright Law that is apparent […]

Posted in Copyright, IPStell Tagged Anthem, Copyright, culture, Government, National Anthem, traditional knowledge

The Pot Of Gold At The Beginning Of The Rainbow

The Iziko South African Art Gallery is currently featuring an expedition entitled “A Centenary Celebration of the life and work of Barbara Tyrrell”.  Barbara Tyrrell is a South African artist and author and the exhibition comprises a selection of over 150 of her highly decorative and accurate visual reproductions of Southern African tradition costumes and […]

Posted in Copyright, IPStell, Traditional Knowledge Tagged art, artistic, Barbara Tyrrell, Campbell Collection, culture, Iziko, regulation, traditional knowledge, University

GOLDEN OLDIES? – Gallo Music v Sting Music

Gallo Music and Sting Music have locked horns in the South Gauteng Division of the High Court over copyright in certain songs named Thula Baba, Unomathemba and Siliwelile.  Gallo claims that it owns the copyright in these songs and that Sting therefore required their authority to include them in the stage musical Umoja and that […]

Posted in Copyright, IPStell, Traditional Knowledge Tagged Copyright, Gallo, infringement, Knowledge, music, Sting, traditional knowledge, work 4 Comments

NEW Traditional Knowledge Bill – Sui Generis Protection for TK

If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all. Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, […]

Posted in IPStell, Publications, Traditional Knowledge Tagged Bill, Government, indigenous, Knowledge, legislation, New, Parliament, TK, Traditional, traditional knowledge

The Mad Hatter in Wonderland

So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it.  It has caused the Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters.  It has rushed headlong into terrain where no angel would venture through acute trepidation.  It has […]

Posted in IPStell, Traditional Knowledge Tagged culture, disaster, enforcement, Government, indigenous, Knowledge, legislation, mistake, Parliament, TK, Traditional, traditional knowledge 1 Comment

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 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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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

Notice

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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