Showing posts with label #SandtonDiscussion. Show all posts
Showing posts with label #SandtonDiscussion. Show all posts

Wednesday, 10 February 2016

Afro Leo

OAPI suspensions, Java decision, workshops and honours.

Prof Tana Pistorius is organising a workshop to be held in Pretoria on 14-15 April on the Patent Declaration - "The Patent Declaration was drafted by numerous academics worldwide under the leadership of Max Planck ... [which] mainly relates to TRIPS flexibilities... As part of this project workshops have been held in various countries to address the different themes. Panels are comprised of representatives from academia, government, the bench, practitioners and industry" There will be more on this in a later post as soon as we here more but the line-up looks great and topic, very relevant.

News just in from John Syekei in Kenya is that his firm has won the appeal in the Java case covered in Lita's #SandtonDiscussion last year. We look forward to more news on this in the coming days.

If you are in Midrand, South Africa, on 17 February and are interested in the role of the Companies Tribunal (responsible for adjudicating all company name disputes in South Africa), they are hosting a seminar on "Promoting a Culture of Resolving Disputes Through ADR" at the Gallagher Convention Centre. Contact Charmaine Wessels here for more information.

Woop! Woop! Afro-IP has appeared on the SiNApSE blog in part of their series aimed at uncovering the World's Best IP Blogs. Thank you to the ladies and gentlemen over in India for taking the time to make us one of their official "Honorees". If you have the time pop over to India on SiNApSE and check out the IP scene ever there.

Finally for today, much has been written and said on the suspension of two attorneys from OAPI. The excellent Tim Lince of WTR covers the development here (link no longer available) following Afro-IP's post here:

"The African Intellectual Property Organisation (OAPI) has suspended two IP attorneys in Cameroon, and in turn prohibited parties from using their law firm for any IP services in proceedings before it, in what one of the lawyers contends to be a continuation of a bitter battle between the organisation and a group of agents who claim that it’s accession to the Madrid Protocol was implemented illegally."

Afro-IP reached out to Christian Dudieu Djomga who is a contributor and fellow blogger for comment. Christian remains frustrated echoing his comments to WTR that "..the official reason behind the suspension is because he, like others who have not been suspended, are represented more than once before OAPI but the real reason is his criticism of OAPI's accession to Madrid". He is already losing business after taking the stand. No doubt there is more to come on this story.
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Monday, 28 September 2015

Afro Leo

Significant damages awarded in software infringement case in RSA

It's not often that we get a case involving copyright enforcement in the software space especially against a government department, by a local software developer and where significant damages are awarded. In the recent case of Quill v Randfontein Local Municipality (RLM), local software developer (Quill) sued RLM for copyright infringement in respect of their BIQ software product and in the process obtained over R10million (-+$1million) in damages (a large amount by RSA standards).

Five key points to be canvassed shortly by Nic Rosslee in this week's #SandtonDiscussion at 9am CAT are:

  • the nature of copyright in software in South Africa as a separate category of work
  • the inadequacy of RLM's defenses
  • benefits of using trial proceedings under these circumstances
  • the court's interpretation of a reasonable royalty
  • the refusal to grant leave to appeal 
The timing of this case is apt in that it endorses the need for education (even within government departments) about the need to pay attention to software licenses. A recent post on the work of Amanda Lotheringen (DTI) and the Billa Coetsee (BSA) whose teams have launched a world first compliance campaign explains more about that here.

Hosted by Adams & Adams.
Tune in at 9am for more. 
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Monday, 14 September 2015

Afro Leo

Passing off, domain and company name objection and cancellation in #SandtonDiscussion today



Afro-IP's coverage of the #SandtonDiscussion continues today when the group considers the case of Global Vitality Inc v Enzyme Process Africa (Pty) Ltd. This judgement was handed down in the Western Cape High Court last month (21 August 2015). 

The applicant is Global Vitality Incorporated (an American manufacturer, distributor and seller of dietary nutritional supplements) against Enzyme Process Africa (Pty) Limited (the former exclusive distributor of Global Vitality of goods bearing the mark ENZYME PROCESS) in South Africa.
Global Vitality sought to interdict/injunct Enzyme Process Africa from using the mark ENZYME PROCESS as a trade mark, company name and domain name, as well as to cancel certain trade marks held by them. The discussion will be lead by @EricMashida at 9:00 am CAT.

You can follow these and other discussions hosted at the Adams & Adams office based in Sandton using the twitter handle #SandtonDiscussion. If you are interested in joining via Skype please email Afro-IP here and we will see if we can hook you up.
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Thursday, 3 September 2015

Afro Leo

Draft Cybercrimes and Cybersecurity Bill published for comment in RSA


The Department of Justice and Constitutional Development invites the public to comment on the draft Cybercrimes and Cybersecurity Bill. A discussion document on the bill is contained here (link no longer available).
According to The Department of Justice and Constitutional Development, "it is estimated that cyber-related offences are escalating and currently exceed a value in excess of R1 Billion annually". Afro Leo is not sure how they reached this figure but suspects that it is far greater than that because:
  • Most of the value within a business (never mind personal assets) is attributable to intangible assets
  • It is these assets that are most at risk of a cyber-attack (eg theft of know-how and related copyright - Ashley Madison is an example of this type of damage). 
  • The value of RSA annual GDP is roughly R350 billion, representing the total value of goods and services produced in RSA over a year. 
  • R1 billion is only but a small fraction of that, and the risk of cybercrime is very real indeed

As a consequence, the threat from cybercrime represented in monetary terms appears to be far greater. However, according to a report from the BSA published a few years ago (The Software Alliance reported on by the blog here) "South Africa has useful laws in place for cybercrime and electronic commerce". In that report the antiquated state of copyright legislation was cited as a major impediment on the scorecard. Nevertheless, updating opr consolidating legislation on cybercrime is important. So how does the Bill stand up - that is what the legislature want to know.
The draft Bill focuses on:
  • Creating offences and prescribing penalties related to cybercrime.
  • Regulating jurisdiction, as well as the powers to investigate search and gain access to or seize items in relation to cybercrimes.
  • Regulating aspects of evidence, relative to cybecrimes.
  • Regulating aspects of international cooperation in respect to investigations of cybercrimes.
  • The establishment of various structures to deal with cybersecurity.
  • The identification and declaration of National Critical Information Infrastructures and measures to protect these infrastructures.
  • Creating obligations for electronic communications service providers regarding issues that impact on cybersecurity.
Interested parties wishing to comment on the Bill are invited to submit written comments to the Department of Justice and Constitutional Development on or before 30 November 2015. These can be submitted to: cybercrimesbill@justice.gov.za. Submissions can also be faxed to: (012) 406 4632. For information or queries related to submissions, contact Mr S J Robbertse on: (012) 406 4770.

Reinhardt Biermann will also be covering this topic in today's #SandtonDiscussion at 9am CAT.
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Monday, 24 August 2015

Afro Leo

Draft Copyright Amendment Bill the subject of today's #SandtonDiscussion

This morning's #SandtonDiscussion hosted by Adams & Adams takes a look at the progress of commentary on the Draft Copyright Amendment Bill first alerted to readers by Jeremy Speres (Spoor & Fisher) here at the end of July. There seems to be a gathering momentum of opinions and views around this piece of potential legislation. Afro Leo is also keenly aware, after trying to meet with him this week, that MacDonald Netshitenzhe's department has a full diary collating the commentary from a variety of stakeholders.

The #SandtonDiscussion will start as usual at 9am on twitter. See you there!

Links to random selected commentary thusfar:



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Friday, 14 August 2015

Afro Leo

Aaron Wood guests on #SandtonDiscussion

Monday's #SandtonDiscussion hosted at Adams & Adams will cover the tricky issue of copyright ownership over creations developed by others for you and paid for by you. This happens frequently when houses are built, logos are designed, websites and apps are created and when you commission that family portrait. Who owns the copyright in these commissioned works?

Joining us will be none other than Aaron Wood (Swindell Pearson), the trade mark and design attorney responsible for Europe's most recent decision in Atelier v Kilnworx (Atelier Eighty Two Limited v Kilnworx Climbing Centre CIC & Others [2015] EWHC 2291 (IPEC)) involving a logo. The judge in that case came to the conclusion that the commissioner was entitled to call for the assignment of the copyright in the logo.

Aaron

Aaron will provide us with insight into the incremental bits that evolved during cross examination (and are not necessarily in the written decision) that lead to the conclusion, and whether those circumstances could give rise to similar decisions for other commissioned works. He will also explain how discovery became an issue in the case and, really what everyone is dying to know, some insight into what it cost.

The discussion will take place at the usual time 9AM CAT and you can join us on twitter using #sandtondiscussion. If you feel you want to listen in, please email us here so that we can see if we can set a conference call.

For those of you who do not know, the #SandtonDiscussion arose from a weakly training session organised by Lita Miti-Qamata "we just wanted to make it more interesting and the group thought that twitter seemed a novel and safe way to do so. Three month's down the line we have had engagement from over 20 people from different parts of the world giving greater depth to the session. And it's fun!"

Lita is shortly going on maternity leave and in her stead Reinhardt Biermann has stepped in to arrange the weekly session that sees topics circulated and lead by different members of the group. As usual Afro-IP will help cover it on the blog and on twitter. Thanks too, to Adams & Adams for hosting the discussion.




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