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- Volume 5 Number 1, 2017
South African Intellectual Property Law Journal - Volume 5 Number 1, November 2017
Volumes & Issues
Volume 5 Number 1, November 2017
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The promotional use of a trade mark : its potential to have significance
Author Wim AlbertsSource: South African Intellectual Property Law Journal 5, pp 1 –15 (2017)More LessProducts can be marketed in a number of ways, including through advertising and the distribution, usually for free, of goods not necessarily related to the core goods. A good example of this latter manner of promoting products is provided by pharmaceutical companies, which often distribute goods of a diverse nature to medical practitioners, such as pens, towels, soaps and calendars, featuring their house mark or a psecific medication’s trade mark.
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The protection of scent, taste and sound marks in South Africa : threats and possibilities
Author Yeukai MupangavanhuSource: South African Intellectual Property Law Journal 5, pp 16 –33 (2017)More LessNon-traditional marks, also known as non-conventional marks, include, inter alia, sound marks, texture marks, gesture marks, taste marks and smell marks.1 ‘Market-savvy’ companies want to design and advertise their products in a manner that appeals to consumers’ aesthetic sense.2 The rationale is that a mark that adds emotion to the product or the service on offer is likely to influence the consumer’s purchasing decision.3 The use of non-traditional marks in the marketplace is a new development and it has transformed the field of trade mark law.
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The appropriate scope of property rights in registered designs
Author Mikhalien du BoisSource: South African Intellectual Property Law Journal 5, pp 34 –57 (2017)More LessBMW v Grandmark International1 and Chespak v MCG Industries2 are two recent South African design law cases which provide some clarity on the scope of design protection, the inherent limits provided by the Designs Act 195 of 1993 (the Designs Act) and, particularly, the interplay between aesthetic and functional features of a design.
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Patenting the un-patentable : lessons for African patent systems from a review of patent subject matter exclusions in Kenya
Authors: Victor Nzomo and Isaac RutenbergSource: South African Intellectual Property Law Journal 5, pp 58 –74 (2017)More LessPatents are sometimes regarded as indicative of the pinnacle of innovation.1 A measure of respect is often given to granted patents, in part due to the relatively strict and technical examination process that is often necessary to obtain a granted patent.2 The patent examination process typically includes the evaluation of a number of substantive criteria. This work focuses on one of the threshold requirements for a grant of patent, namely, subject matter eligibility.
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Video game modification in South Africa
Authors: Jesse J. Wrensch and Pieter G.J. KoornhofSource: South African Intellectual Property Law Journal 5, pp 75 –88 (2017)More LessWhether they are casually exploring caves for treasure chests, soaring through the sky or saving a princess in a castle, video games1 have become a medium of entertainment, storytelling and, in the case of some, even an art form. While they are a source of entertainment, they can also be the subject of controversy, both social and legal.
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An examination of the adequacy of the regulation of collecting societies in Nigeria
Authors: Ifeoluwa A. Olubiyi and Kayode I. AdamSource: South African Intellectual Property Law Journal 5, pp 89 –114 (2017)More LessCollecting societies are associations of copyright or neighbouring right owners (right owners), whether natural or legal persons, established by free association with the main aim of negotiating and granting licences as well as collecting and distributing royalties for the benefit of their members. They were necessitated by the free exploitation or use of copyright works, without any form of remuneration or compensation for the copyright owners.
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Counterfeiting and piracy : challenges to effective protection of intellectual property rights in Nigeria
Authors: Ayemere E. Okojie and Godwin Luke UmoruSource: South African Intellectual Property Law Journal 5, pp 115 –142 (2017)More LessIntellectual property law is a legal concept that protects the creation of human ingenuity. The World Intellectual Property organisation (WIPo)1 defined the concept as a creation of the mind, namely, inventions, literary and artistic works, and symbols, names and images used in commerce. Indeed, intellectual property constitutes creative works and inventions that are the manifestations or expression of ideas deserving protection as of right.
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The value judgment conundrum : a critical review of recent trade mark appeal decisions
Author Chris JobSource: South African Intellectual Property Law Journal 5, pp 143 –158 (2017)More LessThe Supreme Court of Appeal (SCA) has had a relatively busy time over the past few years dealing with trade mark disputes. There have been at least thirteen of them between 2014 and June 2017.1 of these, seven have confronted the challenging and elusive question of the likelihood of confusing and/or deceptive similarity between trade marks and, in some cases, also between their respective goods and services.2
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Moneyweb (Pty) Ltd v Media 24 Ltd & another [2016] 3 All SA 193 (GJ); 2016 (4) SA 591 (GJ)
Author Richard M. ShaySource: South African Intellectual Property Law Journal 5, pp 159 –171 (2017)More LessRecently the South Gauteng High Court had the opportunity to consider the appropriate use of news media content published by commercial competitors in the online environment. In Moneyweb (Pty) Ltd v Media 24 Ltd & another1 (Moneyweb) the applicant, a financial news publication, alleged that the first respondent had reproduced substantial parts of seven of its articles and, as they were protected by copyright as literary works, such action constituted both direct copyright infringement and unlawful competition.
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Private prosecution of copyright infringements in Kenya : a comment on Albert Gacheru Kiarie t/a Wamaitu Productions v James Maina Munene & 7 others [2016] EKLR 1
Author Jamil Ddamulira MujuziSource: South African Intellectual Property Law Journal 5, pp 172 –187 (2017)More LessThe Kenyan Copyright Act1 (the Copyright Act) creates different offences relating to the infringement of copyright.2 It should be mentioned at the outset that apart from the criminalisation of copyright infringements, the Copyright Act also provides for civil sanctions such as damages,3 injunctions4 and delivery up.5 A discussion of the civil sanctions falls outside the scope of this paper. The sentences prescribed for these offences range from a fine of up to one hundred thousand shillings6 to imprisonment for a term not exceeding ten years or both.7
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Nigerian law of intellectual property, Adejoke Oyewunmi
Author Enyinna Sodienye NwaucheSource: South African Intellectual Property Law Journal 5, pp 188 –191 (2017)More LessAs Nigeria grapples with the challenges of technological development, it is fitting that scholarly works that explore how the legal system valorises innovation and creativity enter the market to join, guide and participate in the public discourse on the appropriate policies, rules and regulations which recognise and protect intellectual property.