Intellectual property

TRC cases: Call for commission of inquiry

By Haroon Aziz The State Attorney in Pretoria (Ref: Mr S Khosa: 5107/2022/Z45) issued instructions for an ‘Opinion for National Prosecuting Authority concerning the TRC Component and TRC Prosecutions’ (6 […]

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Summary of the Copyrights Amendment Bill: A looming threat to creativity and artist livelihoods

Since its introduction to the National Assembly on 12 May 2017, the Copyright Amendment Bill, 2017 has ignited extensive discussions across South Africa (SA), impacting the essence of copyright law, […]

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Shining a light on trade secrets and intellectual property rights

By Ramon Camarinha Definitional elements Generally held, in South African jurisprudence, trade secrets are intellectual property rights on confidential information, which may be sold or licensed (EA Rowe and SK […]

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X marks the spot – what happens to Twitter’s IP now?

In July 2023, Elon Musk announced the rebranding of Twitter to X. X is one of the most popular social media platforms with 368 million monthly active users in 2024 […]

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The Barbie doll has shaped the importance of intellectual property ownership: The famous Barbie doll case  

Mattel Inc v Greiner and Hausser GMBH 354 F3d 857 (9th Cir 2003) There is little doubt that since 1959, when Ruth Handler and her husband Elliot launched the Barbie […]

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Getting to the ‘soul’ of trademark infringement

Golden Fried Chicken (Pty) Ltd v Vlachos and Another (SCA) (unreported case no 497/2021, 3-11-2022) (Gorven JA (Petse AP, Makgoka and Mabindla-Boqwana JJA and Basson AJA concurring)) The mark/phrase ‘soul’ […]

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Can an artificial intelligence system be classified as an inventor?

It is not uncommon to see a robotic cleaner mopping the floor when landing or transiting through Changi airport in Singapore. These robots have been programmed to actively look for […]

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Genericide: Could you be at risk of losing your trade mark?

Most of us use words such as Escalator, Flip Phone, Laundromat, and Sellotape as part of our daily vocabulary. What may come as a bit of a shock is that […]

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The balance between Intellectual Property and public health

Intellectual property (IP) can be defined as any idea or material that is protected by law from the unauthorised use by others (Jose Rivera ‘What Is Intellectual Property Theft?’ (www.legalmatch.com, […]

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A hard pill to swallow – an evaluation of the causes of the subsistence of pharmaceutical counterfeiting

Pharmaceutical counterfeiting was deemed a global issue in 1985 by the World Health Organisation (WHO). It still is even to this day (this indicates that this crime has been succeeding […]

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