Tag: patents

The responsibility for the management of an intellectual property (IP) portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips and tricks which may stand you in good stead on your first day on the job as in-house counsel, tasked with protecting your company’s IP.

As South Africa contemplates the vast implications of BHP's proposed takeover of Anglo American, a closer examination of both companies’ patent portfolios is critical, not just for stakeholders but for the broader patent system in the country.

The South African Patent Office issued Practice Note 21 of 2023 on 7 April 20213 setting out the requirements for expedited acceptance of patent applications. The Practice Note will go some way to curbing the abuse of the non-examination system by applicants who request expedited acceptance and grant of South African patents, for example, in order to leverage governmental rebates and incentives awarded on grant of foreign patents.

The issue of ownership of intellectual property created by artificial intelligence (AI) is provoking heated discussions as the new chatbot “ChatGPT” takes the world by storm. It has raised questions about copyright in the work generated, ownership of copyright, and even possible plagiarism of works by AI.

In September 2022, the Copyright Amendment Bill was passed by the National Assembly – giving South African artists, creators and entrepreneurs more benefits and rights, including receiving adequate remuneration.

It was the Roman Statesman, Marcus Tullius Cicero who first used the phrase: Silent enim lēgēs inter arma – In times of war, the law falls silent. These words may still ring true today as the world witnesses the horrifying effects of wars in our time, and the appropriation of property that accompanies them.

“If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may make the article, and if they may make the article they may say that they are making the article, and for that purpose use the name which the patentee has attached to it during the time when he had the legal monopoly of the manufacture.” - Lord Davey in the case of Cellular Clothing Co v Maxton & Murray

An interview with Darren Olivier, Partner Adams & Adams, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the legal implications of remote working with respect to an organisation's intellectual property.

If one accepts that innovation is crucial to business sustainability especially in the disruption era in which we live, there appears to be a need to better explain the purpose of intellectual property and how these rights together with workplace policies on performance can assist businesses adapt and compete.

For the second time in history, the African continent has become a focal point for global expansion.  As a result, valuable goods, services and...