News Reports And Fair Dealing: Moneyweb v Media24 19/05/2016 by Intellectual Property Watch 1 Comment The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.
The Bipolar Nature Of Academic Publishing 05/05/2016 by Intellectual Property Watch 1 Comment Since the late twentieth-century shift from the liberal university to the neoliberal university (the latter distinguished by the managerial class installed to leverage and extract value from academic research, plus polish the brand of the franchise), the publications’ ecosystem for academics, foremost in the Arts and Humanities, has been altered beyond recognition. Notably, it has exponentially expanded while at the same time suffering maximum constriction in the form of what legal scholars have called the “great copyright robbery” (Bernt Hugenholtz, 2000), writes Gavin Keeney.
Surprise! Much Work Being Done On Transparency Of Patents On Medicines 28/04/2016 by Intellectual Property Watch Leave a Comment James Love writes: In a recent paper by Reed F. Beall and Amir Attaran [KEI’s April 12, 2016 comment here: http://www.keionline.org/node/2467], and in the WIPO seminar discussions about the paper, the authors have held themselves out as more or less lonely voices calling for transparency of patent landscapes on essential medicines. This surprised and offended the many people who have not only been concerned about the lack of transparency on patent landscapes, but have been doing most of the work in digging out the facts, and/or proposing remedies.
Why We Celebrated World Intellectual Property Day 2016 27/04/2016 by Intellectual Property Watch Leave a Comment Corey Salsberg writes: Yesterday was World Intellectual Property Day. April 26 is the day we celebrate and call attention to the global intellectual property (IP) system. Why do we set aside a day for the entire world to stop and reflect on a subject that, for many, may seem more at home in board rooms, lecture halls, and legislatures, than in cafes, farms, and internet blogs?
Drawn Out Battle Over Genetic Resources Dampens Africa’s Hopes 27/04/2016 by Intellectual Property Watch 2 Comments Chidi Oguamanam writes: The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge. Indigenous communities enjoy a close relationship with nature. Genetic resources are central to producing their traditional knowledge. This drives innovations in agriculture, medicines and conservation. But global intellectual property frameworks – the legal mechanisms for securing knowledge ownership – still haven’t taken this reality into account.
Failsafe Tips For Identifying And Developing Potentially Valuable Patents 20/04/2016 by Intellectual Property Watch 2 Comments It’s easy to find valuable and useful patents, if you have small patent portfolios, but it can be a daunting task when portfolios contain hundreds or thousands of patents. Yet this task is critical for any business, and especially for technology companies that typically hold significant portfolios.
South Africa: New Prominent Pro-IP Academic Comes Out Against Government 23/03/2016 by Intellectual Property Watch 2 Comments The new Anton Mostert Chair of Intellectual Property Law at the University of Stellenbosch in South Africa, Professor Sadulla Karjiker, has pointed a finger at the country’s Department of Trade and Industry (DTI) for being “unresponsive” to stakeholders offering their input into proposed IP legislation.
China’s Pharmaceutical Sector And The IP Puzzle 15/03/2016 by Intellectual Property Watch Leave a Comment Despite impressive growth, the pharmaceutical sector in China still relies on generic drug production since the majority of domestic companies cannot compete with country-based foreign corporations. Currently, following WTO pressure to oblige China to comply with IP regulations, more and more patented drugs are entering the market. Unfortunately, in spite of a newly introduced IP friendly bill, a puzzling situation persists, writes Pietro Dionisio.
Alleged R&D Costs: Not A Transparent Driver Of Drug Prices 04/03/2016 by Intellectual Property Watch 3 Comments Whether laws enforcing transparency on costs would help curb extortionate drug prices in today’s world is hardly predictable now that pharma companies and their allies are lobbying governments to scupper any rules that would require them to disclose the real R&D costs and profits of their medicines and the rationale for charging what they do, writes Daniele Dionisio.
Companies Can Inoculate Themselves Against Patent Trolls Through Their Supply Chain 24/02/2016 by Intellectual Property Watch 1 Comment The well-worn phrase “no man is an island” may reflect a fundamental truth about the human condition, but it also provides wisdom into how to protect your company against patent trolls, writes Tim Wilson.