Intellectual Property, KISCH IP updates

South Africa

Contributed by KISCH IP
Copyright: what do authors and creators need to know?
  • South Africa
  • 08 October 2018

The Copyright Act does not require registration in order to acquire copyright for a particular work. Instead, copyright subsists automatically once a work has been completed, provided that certain requirements have been met. For example, a work must be original and in writing or a material form. In addition, the author must have been a qualified person when the work or a substantial part thereof was created.

Commercial transactions and patents: key considerations
  • South Africa
  • 01 October 2018

A business's intellectual capital, particularly its patent portfolio, is one of many factors which should be thoroughly evaluated prior to entering into a licensing agreement or undertaking a merger or acquisition. While every commercial transaction is unique, during such an evaluation, a number of matters should be considered in view of the Patents Act.

Does fourth industrial revolution call for sui generis form of IP protection?
  • South Africa
  • 24 September 2018

The so-called 'fourth industrial revolution' is in full swing. Fields such as artificial intelligence and additive manufacturing are no longer a thing of the future, but rather an increasing part of everyday life in the form of smart devices, driverless cars and automated assistants. However, it is unclear whether South African IP law is equipped to keep up with the rapid technological developments driving this revolution.

Inventorship: not always so patently clear
  • South Africa
  • 10 September 2018

Patent applications may be filed in the names of multiple joint inventors or co-inventors. All cited inventors must have contributed to the invention, although not necessarily in equal parts. To date, the South African courts have not had to deal with the question of what such a contribution entails, but it is generally considered that each contribution must consist of an inventive step which is not merely imparting knowledge that is known in the art.

Who owns the copyright in your tattoo?
  • South Africa
  • 30 July 2018

Tattoos are becoming increasingly common and tattoo parlours now offer customers a broad spectrum of designs to choose from or the option to request a custom design. One interesting question that arises in this context is whether a tattooed person owns the copyright in their tattoo. Unless the copyright in the tattoo was assigned in writing, the answer is no.

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