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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Ten Questions About Internet Governance

On April 23 in Sao Paulo, Brazil, the “Global Multistakeholder Meeting on the Future of Internet Governance,” also known as “NETmundial” in an allusion to the global football event that will occur later in that country, will be convened. Juan Alfonso Fernández González of the Cuban Communications Ministry and a veteran of the UN internet governance meetings, raises 10 questions that need to be answered at NETmundial.


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    Inside Views
    Inside Views: A NEW South Africa Traditional Knowledge Bill – Sui Generis Protection for TK

    Published on 18 March 2012 @ 6:17 pm

    Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

    Intellectual Property Watch

    By Prof. Owen Dean

    [Editor's Note: The author, as holder of a university Chair in intellectual property law in South Africa, offers an alternative proposal in answer to a controversial bill on traditional knowledge which has passed both houses of Parliament and is awaiting promulgation by the State President.]

    If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all.

    Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, the scope of which is yet to be fully realised. This Chair, among many others, has expressed its distress at the current Traditional Knowledge Bill (likely to be the Protection of Traditional Knowledge Act soon) in no uncertain terms. And despite the fact that the Chair’s criticism of the Bill has been cited with support by some of the world’s foremost authorities on IP and TK, the Portfolio Committee’s ignorance of these same facts is only exceeded by Government’s ignorance of (international) law. As a result, the current TK Bill is likely to survive its journey across the President’s desk.

    For this reason, and after repeated pleas to do so, the Chair has decided to publish a new and workable TK Bill. This proposal is the work of the incumbent Chair and proves that TK is better protected by sui generis legislation. The intention is unmistakable – to illustrate how the Bill should appear. Although the Chair maintains its earlier position about the current Bill, this publication is intended to mitigate the calamity our IP law will face if the Bill in its current format becomes law. Therefore, the new Bill builds on, expands, corrects and delineates the scope of the current Bill to make it work (however difficult) as an independent statute for this (clearly) independent type of work.

    Of course, trying to breathe life into the current Bill is an unenviable task, but at least it goes (a long way) beyond mere criticism of the current Bill.

    Be warned: let it not be said that this Chair is in favour of the current TK Bill (our views are clear for all to see). However, if you insist on the current Bill, at least do it properly. Here’s how:

    The Protection of Traditional Knowledge Bill [pdf]

    Synopsis of the Protection of Traditional Knowledge Bill [pdf]

    For background, see related IP-Watch Inside Views pieces here, and here.


    Owen Dean was appointed as a Professor at the Law Faculty of Stellenbosch University as of 2011, where he is the incumbent of the Anton Mostert Chair of Intellectual Property Law.

    He is a consultant and former senior partner at Spoor and Fisher, intellectual property attorneys, with specialisation in trademark and copyright law with a special emphasis on litigation and opinion work.. He holds a B.A (Law), LL.B and LL.D from the University of Stellenbosch in, respectively, 1964, 1966 and 1989, and was admitted to practice as an attorney in South Africa in 1974, also admitted as an attorney in Namibia and Botswana.

    Dean served on the Government’s Advisory Committee on Intellectual Property Law for 20 years, including as Chairman of the Copyright Sub-Committee. He is a Past President of the South African Institute of Intellectual Property Law. He conceived, and chaired the Drafting Committee of, the Counterfeit Goods Act, and as well conceived and drafted Section 15A of the Merchandise Marks Act (ambush marketing).

    He is author of the “Handbook of South African Copyright Law”, and numerous other publications, serving on editorial boards and publishing in a very wide range of intellectual property publications, and is frequent speaker at events.

    Dean also holds appointments to the Panel of Adjudicators for South African Domain Name Disputes, WIPO Panel of Arbitrators for Domain Name Disputes, Stellenbosch University Business School Panel of Mediators and IP Panel of Arbitration Federation of South Africa (AFSA).

     

    Comments

    1. Dr Tabrez Ahmad says:

      Prof. Owen Dean, congratulations for taking the bold step in the interest of Traditional knowledge.

    2. Rens and Ncube: Briefing on Copyright Flexibilities in South Africa says:

      [...] Owen Dean “A NEW South Africa Traditional Knowledge Bill – Sui Generis Protection for TK” http://www.ip-watch.org/2012/03/18/a-new-south-africa-traditional-knowledge-bill-%E2%80%93-sui-gener… Share Facebook Filed Under: Domestic Legislation, Domestic Policies Tagged With: fair use, [...]

    3. m monyakane says:

      this is a crucial topic concerning the ip law in South Africa


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

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