Its policies relating to racial segregation were frowned upon by most of the outside world and there were internal fears. Cinematograph films are the only types of works in which it is possible to register in south africa. Intellectual property rights ipr are rights that protect the creations of an author s or inventors mind. The state grants the creator a monopoly in and to these rights or works as a reward for the innovative activity. Use them where you want an outright sale rather than a licence. South africa internet users must be entitled to fair use rights such as making and distributing copies from electronic sources in reasonable numbers for educational and research purposes and using reasonable excerpts in commentary and criticism. This is an important step toward improved access to medicines in south africa and the development of its domestic pharmaceutical sector, spennemann said in a written response to intellectual property watch. The law of south africa governs, the right to control the use and distribution. Copyright law provides protection for various types of. 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 the fastestgrowing market for counterfeit goods. There are various types of ip available and they can exist in various forms. It is meant to protect the intellectual property of legal entities, as intellectual.
Research the key issues surrounding intellectual property law in south africa south africa. To lower south africas intellectual property rights standards would be tantamount to relegating its citizens to the levels that characterise loser countries. Africas ssrana intellectual property and corporate law firm. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Intellectual property rights property has its duties as well as its rights, thomas drummond 17971840, scottish statesman, engineer. But where does intellectual property fit into the picture. Trade marks can be a brand name, a slogan, a logo or even a shape. According to south african legislation, a literary work, such as a book, is reproduced when it is included in a cinematograph film video. Europe and north america have fully apprehended the dynamics of intellectual property and inexorably driving developments in the global and international arena. In south africa, intellectual property ip law encompasses all. Intellectual property rights in subsaharan africa globalization of the world economy has made knowledge a critical element of effectiveness in the global economy. Sep 30, 2019 both the south african institute of intellectual property law and the law society of south africa have made submissions to the department of trade and industry opposing the extension of. Sometimes, when a person has been commissioned and paid to do a particular piece of work, the belongs to the employer. This existing act is good policy, as it brings about certainty in the ip environment and incentivises universities to commercialise publiclyfunded research.
International conventions and treaties on intellectual property. Trade marks 2020 laws and regulations south africa iclg. Aug, 2017 south africas department of trade and industry has released draft intellectual property policy phase i. Ip rights shape each stage of the filmmakers journey from script to screen see from script to. Abns ashlea evans spoke to ambassador dr konji sebati, director at the department of traditional knowledge.
Jul 14, 2015 it is submitted that the fact that intellectual property is protected on a worldwide basis and had been comprehensively protected in south africa for around a century prior to the adoption of the constitution, and that south africa is a member of, and is bound by, certain international conventions dealing with intellectual property which. It also requires that researchers receiving public. Ip policy south africa copyright and related issues. Moral rights in the context of law in south africa. Any person who is aggrieved by a decision of the registrar of trade marks may, within three months of a decision, appeal such a decision by making a suitable application to the high court of south africa. Because protection duration vary in different countries, a film may have expired in one country and not in another. You should consider how to manage or protect your intellectual property ip if you are thinking about. Intellectual property rights where to south africa. 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. Draft intellectual property policy of the republic of south. Intellectual property impact assessment 2014 an assessment of the intellectual property policy. Intellectual property now also under threat in sa opinion.
How to protect your intellectual property sme south africa. Intellectual property ip is a term that describes the application of the mind to develop something new or original. The following works are eligible for in south africa in the republic. The act defines ip as any creation of the mind that is capable of being protected by law from use by any other person, whether in terms of south african law or foreign intellectual property law, and includes any rights in such creation, but excludes ed works such as a thesis, dissertation, article, handbook or publication which, in. The south african patents act excludes computer programs as such from the definition of inventions, says aalia manie a partner in the technology, media, telecommunications and intellectual property practice at webber wentzel. Home intellectual property law what constitutes in south africa and how can it be protected. Intellectual property policy south african medical research. Intellectual property protection system in south africa ip. The law relating to ownership of intellectual property in newly created rights varies from country to country, so it is particularly important to use this agreement as part of any arrangement for supply from outside south africa. Intellectual property law in south africa refers to all legislation concerning patents, designs, trademarks and protection. In december 2008, the president of the republic of south africa signed into law the intellectual property rights from publicly financed research and development act, 2008 act. Registered intellectual property ip rights serve as an incentive to reward innovation by providing. A guide to intellectual property law in south africa. For example, a patent, trade mark or design granted in south africa is only valid in south africa.
By giving people and businesses property rights to. South africa is a member of a number of important treaties and agreements and ensuring compliance with south africa s obligations in terms of these treaties or agreements. The lack of intellectual property creates an unstable market and risk on investments in the industry. Intellectual property rights and south africas innovation. There exists no case law to define what the limits on commercial use are. Copyright legal and practical reform for the south african film industry. A is an exclusive right granted by law for a limited period to an. Copyright forms to be filed with the companies and intellectual property commission cipc. Trademark rights and protection in south africa trademark registration in south africa if you would like to learn how lexology can drive your content marketing strategy forward, please email. Intellectual property laws amendment act act 28 of 20. South africa, however, already has legislation dealing with publiclyfunded research. Getting a business intellectual property protection wrong can be a very expensive mistake, in both the long and short run, and, whilst getting it right is not too difficult, it requires awareness of the best avenues available to protect ones rights.
South africa borders with namibia, botswana and zimbabwe to the north. The other main purpose of ip law, and the mission of ip law firms operating across africa, is to encourage the creation of intellectual goods. Something must fall within the ambit of an invention in order to be patentable. Intellectual property ip rights have continued to play a leading role in the development of most countries and regions of the world. Intellectual property laws amendment act south african. The south african institute of intellectual property law saiipl is one of the parties accredited as a dispute resolution provider in terms of ect act. Intellectual property rights security agreement template. Unlike other forms of intellectual property, does not need to be.
South africa has signed a number of international conventions. This makes the recent case of tellytrack v marshalls world of sport pty ltd and others, worth noting, even if it does deal with a somewhat esoteric issue. Intellectual property rights from publicly financed. The intellectual property rights from publicly financed research and development act, 2008 ipr act, places an obligation on research institutions in south africa to identify, protect and commercialize ip arising from publicly funded research for the benefit of the people of south africa. In south africa photographing people in public is legal. Submission on the draft policy on intellectual property of south africa by the association for progressive communications on behalf of the access to knowledge civil. Ip legal base in south africa patents act designs act. The trade marks act can only protect trademarks if they are first registered with the companies and intellectual property commission cipc.
Public domain films are publicly available and refers to films which are intangible to private ownership or are available for public use. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. It has 2,798 kilometres of coastline that stretches along the south atlantic and indian oceans. This means that, when a teacher records a video whilst reading from a book, a reproduction is being made for which permission is required. The copyright bill is fundamentally flawed and strips c. South africa is not renowned for its laws on intellectual property. Justice and intellectual property pijip and the uct faculty of laws intellectual property unit ip unit collaborated with south african documentary filmmakers.
The intellectual property laws amendment act 28 of 20 aims. What constitutes in south africa and how can it be. Intellectual property november 2012 issue 158 when the exchange control regulations were promulgated on 1 december 1961, south africa had just become independent from british rule and became a republic. Provided by kisch ip with an entrenched history in africa, kisch ip has, for the last 145 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights. Protecting your intellectual property western cape government. Apr 04, 2016 south africa is a key emerging market for uk business. If we stop respecting the intellectual property rights of international investors, they will simply take their money and expertise elsewhere. Intellectual property rights in south africa a know before you go guide to help uk businesses on how to protect and enforce your ip when trading in south africa.
The copyright act protects certain classes or categories of works. Intellectual property assignment agreements these assignment agreements are for the transfer of rights in software, or other intellectual property. Registration of cinematography films act, 1977 act 62 of 1977 register films, maintain data. The state grants the creator a monopoly in and to these rights.
Intellectual property law in south africa refers to all legislation concerning patents. You have to be a south african citizen or the film had to be produced in a. Sell intellectual property net lawman south africa. In south africa, judgments are few and far between, especially judgments of the supreme court of appeal sca. Generally, ownership of a protected work vests in the author of the work. Intellectual property and the constitution cip the anton. Reproducing and selling photographs of people is legal for editorial and limited fair use commercial purposes. These have helped to harmonise the south african ip laws with those in the united kingdom uk. South africa is a signatory to the following key treaties, conventions and international organisations. 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.