1. Intellectual property
Business law

2. Patent law
Patent allows protection to the inventor for a period provided disclosure of invention made
Patents Act 57 of 1978
Incentive theory – patent rewards service & promotes research
Disclosure theory – knowledge must be publicised to advance technology

3. Requirements for patent
Intrinsic characteristics – an invention involves an inventive step for use in trade, industry or agriculture. See what cannot be patented
Extrinsic characteristics – must be novel, involves an inventive step, must be useful (utility)

4. Patent protection
Patent lasts for 20 years – after first three years renewal fees to be paid every three years
Patent gives inventor right to the profit/advantage accruing from the invention & excludes others from enjoying any rights arising from the invention
Can obtain interdict and/or damages to protect holder of the patent

5. Copyright Copyright in SA governed by Copyright Act 98 of 1978
Copyright arises automatically – no need to register
Copyright symbol © is merely an indication or confirmation that author has asserted his copyright

6. What works are protected? (Sec 2)
Literary works e.g. books and written composition novels.
Musical works e.g. songs.
Artistic works e.g. paintings and drawings.
Cinematograph films e.g. movies, DVD’s
Sound recordings. e.g. CD’s, mp3’s
Broadcasts e.g. broadcasting of films or music.
Programme-carrying signals e.g. programme-carrying signal that has been transmitted by satellite.
Published editions e.g. first print by whatever process.
Computer programs.

7. Requirements for copyright
Reduced to physical or material form
Originality
Some evidence of skill or labour
Propriety
Author must be a qualified person

8. Who is a qualified person?

9. Duration of copyright
The duration of copyright is relatively long and the term is different for different categories of works. For example:
for literary, musical or artistic works other than photographs, the term is the life of the author plus 50 years from the end of the year in which the author dies;
for cinematograph films, photographs and computer programs, the term is 50 years from the end of the year in which the work is made available to the public or is made (where no publication takes place);
in the case of sound recordings and published editions, the term is 50 years from the end of the year in which the recording or edition is first published

10. Who owns the copyright in a work?
Generally, ownership will vest in the author (Sec 21(1)(a), but
If literary or artistic work made by an author employed by newspaper or magazine – copyright vests in owner of paper/magazine
If work especially commissioned in return for payment – ownership vests in person commissioning
If work authored in course and scope of employment – ownership vests in employer

11. When is copyright infringed?
Copyright in a work is infringed by any person who, without the authorisation of the owner, does any of the acts reserved for the owner, eg makes a reproduction of the work.
Copyright infringed by any person who, without the authority of the copyright owner, imports, sells, lets, by way of trade offers or exposes for sale or hire, or distributes for purposes of trade, an article in the Republic if he/she knew that the making of the article constituted an infringement of copyright or would have constituted an infringement if made in SA; or
Copyright infringed by any person who permits a place of entertainment to be used for a public performance of a literary or musical work, where the performance constitutes an infringement of copyright, unless the person was not aware and had no reasonable grounds to suspect that the performance was an infringement section.

12. trademarks
A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another
Can be a slogan – eg: Nike – Just do it
Can be a brand name – eg: Coke
Can be a mark or logo or shape – eg: Shape of coke glass bottle or Nike “Swoosh” logo

13. Types of trade mark
Collective trade mark – distinguishes goods and services of association members from non members
Certification trade mark – distinguishes goods and services in respect of quality, quantity, value, purpose, origin, mode of production from goods that are not certified

14. Trademarks Common law protects trade marks
Trade Marks Act 194 of 1993 allows for registration of trade marks which gives additional protection
Duration of a trade mark is 10 years but can be renewed
Certain things cannot be registered as marks (see pg 227)

15. Infringement of a trade mark
Unauthorised use of identical or similar mark so as to deceive or cause confusion
Unauthorised use of identical or similar mark that creates likelihood of deception or confusion
Unauthorised use of identical or similar mark so as to take unfair advantage of the registered mark
Remedies include interdict, damages & an order to remove infringing mark

16. Industrial design
Designs Act 195 of 1993 allows for registration of a functional or aesthetic design
Aesthetic design – design applied for the look (aesthetic value) – must be a new and original design – if registered, protected for 15 years
Functional design – design applied for the features necessitated by the function – must be new & not commonplace – if registered, protected for 10 years
Functional design would include circuit diagrams etc