S P O O R & F I S H E R THE ROLE OF THE RIGHTS HOLDERS IN THE EFFECTIVE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS – A SOUTH AFRICAN EXPERIENCE BY OWEN DEAN

WHO IS THE RIGHTS HOLDER TRADE MARKS™ ® Registrant Applicant Assignee User Registered User

WHO IS THE RIGHTS HOLDER (contd) COPYRIGHT © Copyright Owner Author Deemed Owner State Assignee Exclusive Licensee

WHO IS THE RIGHTS HOLDER (contd) PATENT Registrant Inventor Deemed Owner Assignee

WHO IS THE RIGHTSHOLDER (contd) DESIGN Registrant Maker Deemed Owner Assignee

MAINTENANCE OF RECORDS REGISTERING RIGHTS KEEPING REGISTER UP TO DATE PAPER TRAIL OF DOCUMENTATION DATABASE OF RELEVANT INFORMATION COPIES OF EXHIBITS

VIGILANCE OF RIGHTS HOLDERS RECOGNISING INFRINGEMENTS VIGILANCE SOURCE OF INFORMATION Members of the Public Sales Force Competitors Police Customs Authorities Investigations Hot Lines Knowledge of Trade

VIGILANCE OF RIGHTS HOLDERS (contd) KNOWLEDGE OF TRADE Law Enforcement Agencies Educating the Public EVIDENCE Websites Trap Purchases Monitoring Trade Communicating with Public Police Raids Anton Piller Orders

POSSIBLE CAUSES OF ACTION CIVIL Statutory Common Law CRIMINAL Copyright Act Counterfeit Goods Act Merchandise Marks Act Trade Practices Act ADVERTISING STANDARDS AUTHORITY (ASA) CIVIL v CRIMINAL COMPETENT LEGAL ADVICE

PARTICIPATION IN ENFORCEMENT ACTION INSTIGATION AND INSTRUCTIONS FINANCIAL RESOURCES EVIDENCE ASSISTANCE WITH CRIMINAL ENFORCEMENT CO-OPERATION WITH AUTHORITIES REALISTIC OBJECTIVES SETTLEMENTS

CASE STUDY : MBUBE FACTS OF CASE OWNERSHIP OF COPYRIGHT REVERSIONARY INTEREST APPOINTMENT OF EXECUTOR CONSTITUTIONAL PROBLEMS FOUNDING JURISDICTION SETTING ASIDE ATTACHMENT INSTITUTION OF ACTION PROSECUTION OF ACTION AFTERMATH OF LITIGATION

CASE STUDY : MBUBE