Intellectual property laws za [New Research]

Last updated : Aug 6, 2022
Written by : Lorine Hatala
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Intellectual property laws za

Does South Africa have intellectual property rights?

The South African Constitution already protects intellectual property rights (IPR) from arbitrary deprivation and in recent decades, South Africa has made significant strides in the just protection, administration, management, and deployment of IP.

Which acts protect intellectual property right in South Africa?

Intellectual Property Laws Amendment Act 28 of 2013 | South African Government.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What are the laws of intellectual property?

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

What three criteria must be met to be patentable in South Africa?

  • Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step. This means that your product or process must be an inventive solution.
  • Industrial applicability.

What is the South African intellectual property Organisation?

The South African Institute of Intellectual Property Law was established in 1952 and represents some 238 Patent Attorneys, Patent Agents & Trademark Practitioners who specialize within the field of Intellectual Property Law.

What are examples of intellectual property?

  • Patents.
  • Domain names.
  • Industrial design.
  • Confidential information.
  • Inventions.
  • Moral rights.
  • Database rights.
  • Works of authorship.

How do I register my intellectual property in South Africa?

In South Africa, Copyright does not have to be registered. Copyright vests in the author of a work once the work is created in a material form.

Is a trademark considered intellectual property?

Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What constitutes intellectual property infringement?

What is considered intellectual property infringement? It is illegal to violate the Intellectual Property Rights (IPR) that attach to a piece of intellectual property in any way. Owners of intellectual property rights (IPRs) have the power to prevent others from reproducing, duplicating, or exploiting their work.

What is not included in intellectual property rights?

Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual.

What is the difference between copyright and intellectual property?

Intellectual property (IP) is a term used to encompass a range of legal rights that protect the creations of the mind and creative effort. Patents, trademarks and registered designs are examples of IP, as is copyright. Copyright refers to the rights granted to the creators or copyright holders of original works.

Who regulates intellectual property?

Intellectual property laws passed by Congress are overseen by two government agencies: the U.S. Patent and Trademark Office and the U.S. Copyright Office. The U.S. Patent and Trademark Office is responsible for issuing and monitoring all federally registered patents and trademarks.

What Cannot be patented in South Africa?

Anything which consists of a discovery; a scientific theory; a mathematical method; a literary; dramatic, musical or artistic work; or any aesthetic creation; a scheme, rule, or method for performing a mental act; playing a game, or doing business; a program for a computer; or the presentation of information, are not ...

What can be patented in South Africa?

Patent Requirements: A South African patent may be granted for an invention that is new (novel), inventive and useful. Novelty can never be determined conclusively, but an indication of the novelty of your invention may be found by conducting a patent search.

What Cannot be protected under IP rights?

Ideas, methods, and systems are not covered by copyright protection, this includes making, or building things; scientific or technical methods or discoveries; business operations or procedures; mathematical principles; formulas, algorithms; or any other concept, process, or method of operation.

Is South Africa part of the Berne Convention?

South Africa is a signatory to various international intellectual property agreements, e.g. the Berne Convention (which obliges South Africa to give recognition and protection to Copyright works from signatory countries) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

How does South Africa deal with patent infringement?

Section 70 of the South African Patents Act No. 57 of 1978 provides that a person aggrieved by threats of proceedings for an infringement of a patent may institute proceedings against that person to restrain the continuance of the threats.

Is South Africa a member of WIPO?

South Africa became a member of WIPO on 23 March 1975.

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Intellectual property laws za

Comment by Larissa Knoche

when we start with ip ip is really that umbrella term and it encompasses different kinds of essentially you get you know trademarks that would be um your brand name that you can protect um or your logo like knife that you can protect then you get copyright protection now copyright protection as i said you don't go out to register the only exception in south africa would be and you may be aware of this you can register copyright in a cinematographic form so in a video in a movie you can go and register that but if you don't go and register the right still best automatically and then any other copyrights or copyrights say in a script copywriting a logo or a painting those are not registerable in south africa and again as i said earlier provided that certain requirements are met you will be protected by copyright other jurisdictions like the us you can go there is a copyright registration office and you can register copyright in different kinds of works in south africa that's not the case it's only the case when it comes to you know cinematographic form

Thanks for your comment Larissa Knoche, have a nice day.
- Lorine Hatala, Staff Member

Comment by Austin

South Africa's not really renowned for its laws on intellectual property but earlier on ashley evans spoke to ambassador consciously bhatti she's director at the department of traditional knowledge and global challenges at the world intellectual property organization with his headquarters in Geneva Switzerland I don't think it's entirely true that Sarah is not protect intellectual property we've had intellectual property laws for a long time yes indeed intervals on the international front there's a lot that's happening within the organization I work for at the World Intellectual Property Organization on traditional knowledge for instance there's a process at moment the intergovernmental committee with member states that's looking at the protection hopefully to come up with a an international legal instrument that will protect traditional knowledge so that process going on but South Africa does have intellectual property and rights and and it exercises them very very well but yes as I said it's evolving things evolve and the bill right now has to be looked at and see how it can be proved and what should we be implementing to ensure that we are vigilant enough about intellectual property well we have to implement we have to create an enabling environment for intellectual property we've got 22 22 22 usher in investors you are to ensure entrepreneurs innovators that their discoveries the inventions will be protected and once people know that the inventions their discoveries their their patents will be protected they will tend to come to the country I'm talk about current foreign direct investment that will encourage them to come and local entrepreneurs we do have a lot of innovators we know we have innovation hubs here if they know that what they invent will be protected by the laws of the country then I think but will encourage more more investments now you say that that intellectual property rights will encourage investors but how exactly does it promote economic growth and trade right I mean if you if you will invent something and it's not protected and you cannot generate income out of your invention because you invest in an invention in the process of getting to an invention to the discovery in an invention and then there's a saying that if you know anything that an invention that doesn't leave the laboratory is not an innovation and therefore it doesn't translate to economic benefits for the country so it's a continuum those investment having sorry there's this invention and then there's patenting protected with intellectual property rights and after that you are able to commercialize it or you should be able to commercialize because not just locally but you have other bigger companies or other companies international or even locally but then obtained to the your inventions 22 also maybe come up with some new inventions based on and remember that they're the intellectual property system is actually an open system it's supposed to disclose so it's not really a Pacific because you've got to disclose you want to disclose that this is new this is novell and why should we be patented and from that others can copy if you may dial use that word copy of course with discussions with you and royalties and you make money from that you can also make money from that clip commercialize near your intellectual property but it's also if you are to invent this table and protected and and it's not sellable there's no point so that's why it's in kind of it's encouraged that innovations should end up with the commercialization otherwise then there's no point understandably and that's where in fed South Africa that's the pad that's leaking way I think you asked question earlier about what what is that we also don't maybe I'm not there yet we we have inventions we have good laws we've just not been able to commercialize our inventions we come up with excellent innovations but somehow there is a gap of take off taking them to scale you know where we can actually commercialize and make money and that's why it's very important that the government should encourage or assist in the inventors and innovators to commercialize their product and that gap that you're talking about what exactly is it as a gap of investors it is a gap yes its investors obviously we should be able to the market tribute there should be a market for for for for for this invention right so people from abroad or other multinational companies should find something in that invention that encourage them to to to to to to buy or by rights oh and experiment it so you'll forever be receiving royalties from your invention so yes you do need the parity in the private sector small to medium sized companies can only do so much that you'd need them bigger multinational sometimes to then you know carry over but you your benefit from that because you're just not going to give it to them for free so they'll be royalties and expand and on on your idea and lastly on I on a different note during the South African World Cup we saw a major problem with counterfeit goods being produced now is it worth spending that money to prevent the production of counterfeit goods when people that perhaps didn't have a job before hand didn't have an income beforehand are receiving that now it is the immune system debates yes and I understand that people will buy counterfeit goods or sell counterfeit goods simply too true to sell to to make money to feed themselves mostly it's not because of them with deliberate abrogation of people's intellectual property it's it's an economic thing however if I believe that in the country the government although you know the intellectual property offices educate people about the value of patents I think people will begin to do to to understand that it is not it is not right to steal if you may somebody's invention and ideas copy them and sell for a quarter of the price because if a an inventor makes money from their invention invariably they they will put the money back into the into invention he doesn't just end you know discover this whatever Rebs table and then you end here the more money you generate from the invention of this table the more ideas will have about maybe a flatter table a square table so money has to generate for you to continue to invent

Thanks Austin your participation is very much appreciated
- Lorine Hatala

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