The economics of intellectual property in south africa. Intellectual property rights where to south africa. Intellectual property law at university of south africa. Both businesses and people have problems protecting their ip. Intellectual property law embraces the law relating to patents, trademarks, registered designs.
Justificatory theories for intellectual property viewed. Pdf intellectual property rights systems are important policy instruments in the. From traditional types of intellectual property such as, trademarks, patents and designs to more unique types such as plant breeders rights and domain names. The lack of intellectual property creates an unstable market and risk on investments in the industry. Law on intellectual property resulting from publicly funded research feb. The transfer of ip is also subject to south african exchange control laws. Tobias schonwetter, director of the intellectual property unit at the university of cape town, said. However, the focus should fall on identifying which aspects of. Contents introduction xiii purpose of this module xiii.
M du bois per pelj 2018 21 3 rules are becoming strained. Intellectual property law news in south africa golegal. Deactivation of email filing channel for financial yearend, company address and name changes. The intellectual property system helps strike a balance between the interests of the innovator and the public interest, providing an environment in which creativity and. New york university journal of intellectual property and entertainment law, 6, 22017. On 8 august 2017, south africas department of trade and industry the dti published the draft intellectual property policy of the republic of south africa. This debate is fully explored in writing elsewhere. Among the formal functions of south african property law is the harmonisation of individual interests in property,the guarantee and protection. Analysis in ghana, kenya, nigeria, south africa and ugandageorge m. A complete patent application must be filed within 12 months after the filing of a provisional patent application, although in south africa, a grace period of an additional three months is allowed. Anthipi pouris at national research foundation, south africa. The south african institute of intellectual property law was established in 1952 and represents some 187 patent attorneys, patent agents and trade mark practitioners in south africa who specialize in the field of intellectual property law. Cover, table of contents, preface and contributors pdf.
The patents act section 56 and designs act section 21 provide for a party to apply to. The economics of intellectual property in south africa wipo. The sources of the modern law of property can, therefore, be summarised as follows. Intellectual property law in south africa refers to all legislation concerning patents, designs, trademarks and protection. In south africa, intellectual property ip law encompasses all legislation which concerns patents, designs, trademarks and protection.
C visser some thoughts on making intellectual property work for traditional knowledge 2002 14 sa merc lj 656. In relation to south africa, see l feris protecting traditional knowledge in africa. Access study documents, get answers to your study questions, and connect with real tutors for law mrl4801. These have helped to harmonise the south african ip laws with those in the united kingdom uk. Companies and intellectual property commission cipc. Intellectual property rights and innovation in south africa. A general comparison between the principles of the law of specific contract in south africa and its english counterpart. The journal of intellectual property law and practice, 12, 32017. A framework for assessing technology hubs in africa.
Considering african approaches 2004 4 african human rights lj 242, 248. Intellectual property policy of the republic of south africa aws. Intellectual property ip is a piece of work that isnt a tangible object. It is meant to protect the intellectual property of legal entities, as intellectual property can also carry significant value and is thus vulnerable for exploitation by outside parties. A guide to intellectual property law in south africa. L tong, does the intellectual property system offer. Discuss the current agenda of the international intellectual property law institutions and what are the implications of this agenda for the development of intellectual property law in south africa. Intellectual property rights and south africas innovation.
Intellectual property laws amendment act act 28 of 20. There are many laws relevant to ip protection in south africa. The constitution of the republic of south africa, 1996 learning outcomes after studying this section, you should be able to understand the scope and content of the law of property by. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Going forward, i do now expect that south africa speedily amends its patent law in line with what is spelled out in the policy including the phasing in of a patent examination system in the country. Stakeholders submit views on south africa copyright. The papers cover a range of different fields and sectors including an overview of ip rights and innovation in south africa. African regional industrial property organization aripo 18 b. Intellectual property and comparative advertising introduction intellectual property law, i. South africa adopts sui generis indigenous knowledge protection legislation. International conventions and treaties on intellectual property.
Recreate south africa is a nonprofit association established in 2018 to promote the interests of south african creators with regards to legislation and other policy matters. Basics of international intellectual property law article pdf available in the american journal of international law 963. Recreate south africa is made up of a coalition of writers, filmmakers, photographers and educational content producers among others. You should consider how to manage or protect your intellectual property ip if you are thinking about. This paper is based primarily on desktop research, supplemented by interviews with south african policy makers, intellectual property law practitioners and academics. It is concerned, in other words, with a persons ability to undertake certain actions with certain kinds of objects in accordance with south african law. Innovation and intellectual property in south africa. Volume 14 issue 12 journal of intellectual property law. One of the major problems is that many african countries are not properly signed up to global protocols protecting intellectual property rights, so this has made africa. Intellectual property office is an operating name of the patent office.
South africa is a signatory to the following key treaties, conventions and international organisations. Intellectual property rights in subsaharan africa globalization of the world economy has made knowledge a critical element of effectiveness in the global economy. Practical guidance intellectual property law is an online reference tool and resource that conveniently covers the legal aspects relating to creations of the intellect. The intellectual property laws amendment act 28 of 20 aims. South african property law regulates the rights of people in or over certain objects or things. Under the law, s, trademarks, trade secrets, and patents protect ip. It would be advisable though, to supplement these common law rights by filing a trade mark application. This would give you protection under the common law against passing off by any third party. Intellectual property laws amendment act 28 of 20 south. Intergovernmental committee on intellectual property and. Trade and industry republic of south africa draft national policy on intellectual property ip of south africa a policy framework 4 no.
The last section of this paper contains a set of proposals for further research on intellectual property law in south africa, which is required for a more thorough evaluation of the iprs regime. However, registration of a trade mark provides you as an owner with. The intellectual property system helps strike a balance between the interests of innovators and. This publication contains empirical research papers on the economics of intellectual in south africa prepared by south african researchers. Ipr in south africa are recognised and protected by the common law and are legislated. This topic contains articles which examine intellectual property legislation and the latest regulatory and judicial developments concerning the ownership and infringements of patents, designs, s and trade marks. Aligning the south african intellectual property system.
Pdf basics of international intellectual property law. South africa is a key emerging market for uk business. South african patent law is stacked in a patentees favour. Appraise the technological shift from the physical to the virtual in the modern information economy and the impact this shift has had especially on. Ip usually comes from creativity and could be could be a manuscript, a formula, a song, or software. Pdf patents and economic development in south africa. Cipc administer the following ip domains in south africa. Intellectual property rights ipr are set of rights associated with creations of the human mind.
South africa has signed a number of international conventions. South africas weakening position on intellectual property rights is also to be seen in the 2012 pugatch consilium biopharmaceutical competitiveness and investment survey where a score of 64. Firstly, where your position in south africa is concerned, you may well have established a goodwill including reputation in the trade mark moonshine. Department of trade and industry invitation for the public to comment on the draft intellectual property policy of the republic of south africa phase 1 2017 i, dr rob davies, minister of trade and industry, hereby publish the draft intellectual property policy of the republic of south africa phase 1 2017, for broader public comments. Registered intellectual property ip rights serve as an incentive to reward innovation by providing ip creators and owners with the time and opportunity to exploit their creation. South africa general info south africa, officially the republic of south africa, is a country located at the southern tip of africa.