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Regulations issued under the Act ______________________________________________________________________ 1. INTRODUCTION The Act on Intellectual Property Rights from Publicly Financed Research and Development 51 of 2008 (the IPR Act) was assented to by the President and published in Government Gazette 31745 of 22 December 2008, but was not put into effect at that time. The reason was that Regulations had to be drafted and finalised before the IPR Act could be implemented. After a prolonged consultation process, the Regulations were finalised and published in Government Gazette 33433 of 2 August 2010. The IPR Act and the Regulations were put into effect by Proclamation R.675 in Government Gazette 33433 of 2 August 2010. |
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In the wake of the 2010 World Cup South Africans stand proud and filled with patriotism at the success achieved. What started as a dream became a possibility and, ultimately, a reality. The spectacular event resulted in a unified, purpose-driven spirit among all South Africans and together we accomplished much more than the rest of the world expected or thought we could attain. The energy and enthusiasm infected even the least sport-loving spectators. As we know, many resources were spent on improving and developing infrastructure, roads and services for the event. This historic event furthermore generated employment, created opportunities, sparked creativity and ignited a fire of entrepreneurship across the country. However, it also incited the flare-up of a different kind of business – a scourge to our economy which is hopelessly underestimated and trivialised - the business of counterfeit goods. |
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The Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) has issued an important decision regarding the patentability of computer programs under the European Patent Convention (EPC). The full decision, which is about 61 pages long, can be found at: http://www.epo.org/topics/news/2010/20100512.html. The Enlarged Board of Appeal had to consider four questions referred to it by the President of the EPO in October 2008 regarding points of law which could have a significant impact on this area of law. |
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It often happens that a franchised business is operated at a specific location under licence from the franchisor. When the agreement is terminated or its duration expires, the franchisor might appoint a new franchisee to conduct the same franchised business at the same location. When the existing franchise agreement is terminated, the incumbent franchisee might wish to retrench its employees based on the fact that its business is closing down. However, the Labour Court recently handed down a decision which has significant implications in such circumstances. |
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The Consumer Protection Act, which comes into full operation on 24 October 2010, contains important provisions relating to the use and registration of business names. In broad terms, it seeks to prevent the use of business names which may mislead consumers into thinking incorrectly that one business is endorsed by, or associated with, another. This type of confusion is often caused by the inclusion of a registered trade mark in the business name of another entity. |
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In a tight contest with competitors, Adams & Adams was voted the law firm in South Africa offering the best law graduate programme in a recent survey completed by graduates. A total of 1 521 graduates completed the online survey, which required them to vote for the employer with the best candidate programme. |
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One of the main advantages of filing a PCT application is that the applicant receives both a Search Report citing potentially relevant prior art, and a Written Opinion on the patentability of the invention as claimed in the application. The Search Report and Written Opinion provide an applicant with a good indication on the patentability of the invention, and whether the costs of filing national phase applications in the individual countries will be justified. It is thus desirable that the examiners conducting the search and drafting the opinion have access to all relevant information to provide the applicant with accurate feedback. |
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The IPC provides a hierarchical system for the classification of patents and utility models, based on the areas of technology to which they pertain. It therefore serves multiple purposes in that it is an instrument for arranging patent documents in order to facilitate easier access to information therein, for enabling dissemination of information to users, for enabling investigations of the state of the art in given fields of technology, and for enabling the preparation of intellectual property statistics to allow assessment of development in various areas. |
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Colombia - .co It is now possible to register second-level domain names in Colombia in the .co domain name extension. Registration is as follows: |
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The first Internationalised Domain Name (IDN) country-code top-level domain names in the DNS root zone have been introduced by the Internet Corporation for Assigned Names and Numbers (ICANN). The first four countries to use non-Latin/Roman characters are: |
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The North Gauteng High Court on March 31, 2010, dismissed the Law Society of South Africa and other applicants’ constitutional challenge to the new compensation scheme that was introduced by the Road Accident Fund Amendment Act 19 of 2005. The LSSA and other Applicants launched an application for leave to appeal directly to the Constitutional Court, against the judgment handed down by Fabricius AJ. It will be heard in August. |
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The Minister of Trade and Industry has given notice of his intention to prohibit the unauthorised use of words, devices, logos, pictures and drawings of the Moses Mabhida Stadium, Nelson Mandela Bay Stadium, Peter Mokaba Stadium, Mbombela Stadium, Soccer City Stadium and Cape Town Stadium. |
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A new study, released today, documents how intellectual property laws in South Africa impact on and influence business operations in the country. The analysis was conducted by Nthabisheng Phaswana and Dario Tanziani from the law firm Adams & Adams, and reported in their publication, The Business Impact of Intellectual Property Laws in South Africa. The results of this in-depth analysis have international implications, as many nations are struggling with their current intellectual property laws, trying to keep pace with fast moving technological advances. |
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Click here to read the article: http://www.clasa.co.za/checklist/temp/File/Incorporate%20Articles%202010/pg%2026.pdf |
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On 24 April 2010 some sections of the Consumer Protection Act (“the CPA”) came into force. In terms of these sections, the National Consumer Protection Institutions is to be established and the Minister is required to commence with the publication of regulations in terms of the CPA. The balance of the provisions of the CPA will come into force on 24 October 2010. Included herein are much talked about provisions which provides for a form of strict liability on the producer or importer, distributor or retailer of any goods, who will be liable for any harm as a result of the supply of unsafe goods, product failure, defect or hazard in any goods, or, inadequate instructions or warnings provided to the consumer in respect of any hazard associated with the use of goods. The liability will arise irrespective of whether the harm resulted from any negligence on the part of the producer, imported, distributor or retailer. |
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