Library

Competition legislation and intellectual property rights – August 2002
Competition legislation and intellectual property rights – August 2002

South Africa was given a new competition regime when the major part of the Competition Act no. 89 of 1998 was put into effect on 1 September 1999. Modelled on the British and Canadian laws, the Act applies to all economic activity within South Africa, including economic activity involving intellectual property rights.

Intellectual property rights vis-à-vis competition law principles – February 2002
Intellectual property rights vis-à-vis competition law principles – February 2002

Intellectual property rights (IPRs) in South Africa, as in most other countries, are regulated by statutes, such as the Patents Act, 1978; the Trade Marks Act, 1993; the Copyright Act, 1978; the Designs Act, 1993. 

Ambush marketing to be prohibited
Ambush marketing to be prohibited

Two recent legislative amendments introduced measures to prohibit ambush marketing, ie. international conduct on the part of a person or company to obtain an unjustified promotional benefit from a sponsored event, such as sponsored sports or cultural events or other recreational activities.

Protection of technology branding – July 2001
Protection of technology branding – July 2001

We are living, working and doing business in an environment where competitive supremacy has become essential to commercial survival. Strong brands play a decisive role in promoting product marketability and ensuring competitive advantage.

Cadbury (Pty) Ltd v. Beacon Sweets & Chocolates (Pty) Ltd and another  2000 (2) SA 771 (SCA.)
Cadbury (Pty) Ltd v. Beacon Sweets & Chocolates (Pty) Ltd and another 2000 (2) SA 771 (SCA.)

Both Cadbury (Pty) Limited ("Cadbury") and Beacon Sweets and Chocolates (Pty) Limited ("Beacon") are manufacturers and distributors of sweets and confectionery.

Update on South Africa - September 2000
Update on South Africa - September 2000

Update on Intellectual Property and other news from South Africa

Trading in cyberspace: domain names vis-à-vis trade marks - March 2000
Trading in cyberspace: domain names vis-à-vis trade marks - March 2000

"Cyberlaw” is a term coined to refer to the composite bundle of legal principles which find application when use is made of the so-called Global Information Infrastructure (GII) with its information superhighways, of which the Internet with its information highway to the World Wide Web forms a part.

Trade marks in South Africa – January 2000
Trade marks in South Africa – January 2000

Inventing or designing a new product or device is only the first step on the road to commercialising the new creation. As part of the marketing phase, the produce or device should be allocated a distinctive name - which brings us to the area of trade mark law. Trade marks in South Africa are governed by the Trade Marks Act no. 94 of 1993, which came into force on 1 May 1995.

ICANN uniform domain name dispute resolution Policy
ICANN uniform domain name dispute resolution Policy

This uniform domain name dispute resolution policy has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your registration agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than the registrar over the registration and use of an Internet domain name registered by you.

Into the new millennium with your brand names: cyberspacae beckons - July 1999
Into the new millennium with your brand names: cyberspacae beckons - July 1999

Businesses should always bear in mind the need to build and enhance branding equity as a paramount business development objective, and the necessity of creating in the process a solid foundation in terms of brand identity and brand value as an investment in the future. As we approach the turn of the century and the new millennium, this is more relevant than ever before.