South Africa IP News
New IP law for South Africa.
The South African intellectual property law, like most other ip law, allows individuals to protect their inventions and intellectual property, but a new proposal being tabled wants to include protection of communities, especially their cultural expressions such as dances, folklore, music and paintings. Under the new proposal, new forms of intellectual property are recognized with a requirement that they have an "indigenous origin" or a "traditional culture". However, it is not clear as to its actual meaning for there is as yet no legal definition of it. Could traditional dances and rituals be considered as intellectual property?
The new bill was tabled to safeguard traditional knowledge holders from being robbed of the benefits financially. It also stipulates that the indigenous communities be allowed to determine what they consider as their sacred rights and that it should be protected from exploiters. The government might have good intentions in safeguarding these indigenous traits, due probably to the fear that foreigners might just file for patents in a foreign land, like the example of the USPTO granting patents to such things like “yoga “practices outside of India, its traditional origin. Unfortunately, this might bring about much confusion locally, as the subject matter can be interpreted in opposing ways.
In addition to the proposal, the bill requires a new national council to be set up; its purpose is to advise the trade and industry minister on matters termed as “traditional intellectual property”. Not only that, a national trust fund will be set up to manage income received from the commercial use of these indigenous assets. There is as yet no definition as to who will represent the indigenous faction, or how such incomes will be disbursed. Perhaps it is still early days for the proposal, which is being seen as an unconventional move towards ensuring that the country’s intellectual properties from being exploited by outsiders. In earnest, the South African government should be lauded for being brave enough to set on such untested territory. For certain, other countries will be watching with interest.
August 1, 2009.
With WIPO’s help…..
Keith W Sendwe, CEO of CIPRO (Companies and Intellectual Property Registration Office of South Africa) was reported to have said that South Africa had agreed to work with WIPO to enable more protection for its SME and Closed Corporations in the field of intellectual properties. Currently most of the IPs in the country is only registered locally, which means that they are not internationally exposed and protected. And without the awareness from big companies, there is very expansion and a loss for the country in terms of investments. So in order to bring South Africa to mainstream activities, and also to put it in the radar of international corporations, South African patents will now be scanned and posted unto WIPO websites. It will also intensify its foray into the local SME and co-operatives to make them more aware of what intellectual property can do to their bottom lines.
CIPRO believes that with the information posted in WIPO properties, there will be a surge of awareness of South African creativities. There will surly be more inquiries, and more viable projects to see investments from abroad as compared to them sitting on the selves collecting dust. Patents posted on WIPO websites are under the ‘National Collections’ link, and will therefore get exposure. CIPRO has also played a part in assisting small entrepreneurs in protecting their IP’s and helping to expand their businesses in international arenas. In a way, it is now throwing away all those shackles from the Apartheid eras and going into aggressive marketing mode for their limited assets. What CIPRO does today might be a good example of what a country with a small intellectual property asset base can do to attract more FDI (direct foreign investments).
August 16, 2009.
You can’t take this sweet and eat it too
The name of the sweet is ‘Astor 2010’ lollipop. And the place is South Africa. The fast running guy is Metcash Trading Africa Ltd, and the not so fast guy is no other than Fifa. Metcash tried to make a bundle by copying the Astor lolli and put it in the market, way ahead of the official launching, which is scheduled for the Fifa World Cup in South Africa in 2010. Fifa came to know about it and brought Metcash to the Pretoria High Court, who later stopped Metcash from continuing with the rip off. What was on the lollipop wrapper was a depiction of the South Africa flag and also a football with the Fifa logo. Fifa argued that the trademarks have been registered in South Africa, and they have spent huge sums of money promoting their sport, and no body should be allowed to take a ride on their goodwill. Perhaps it would be easier to pass off the sweets if they are in a country that has a weaker intellectual property rights regime?
October 3, 2009.
South Africa 2010 belongs to Fifa
Yes, the theme of South Africa 2010 World Cup is dully registered by Fifa and no one else can use it. So says Fifa lawyers to anyone having intention to use it without authorization. Of course when we say that the trademark is registered, it means that anyone who uses a similar looking trademark will be deem to have infringed on the mark. Even if the logo looks a bit different! If in a court of law, you can prove that the copied mark looks similar by intent, then it would have been deemed an infringement of the genuine marking. But there are dissensions in Pretoria that Fifa can’t take the piece of cake and eat it too. This has prompted a group of calendar maker to bring Fifa to court, just to test where justice lies in South Africa.
April 5, 2010.
South African Church owns the vuvuzela
What do you know? The vuvuzela, that hounding horn blown at the South Africa World Cup matches was invented in 1910 by Isaiah Shembe, who is also the founder of The Nazareth Baptist Church in South Africa. The original horn comes from an antelope horn and it was used in prayers. So all and sundry take note, no imitations please. But the new versions are made from plastics and some of them are actually made in China! In another development, a South African company by the name of Masincedane Sport Company says that they have struck a deal with the church management to continue to make the horn using plastic under a license.
June 27, 2010