Showing posts with label Michael Charton. Show all posts
Showing posts with label Michael Charton. Show all posts

Friday, 20 October 2017

Darren Olivier

Reflections on the Crammer(TM)

The Glove Initiative
Yesterday I MCed the annual Adams & Adams Crammer event. This event aims to digest a year's worth of IP and commercial legal developments into a single morning through a series of short sharp presentations. It was held at the Radisson in Sandton, part of Africa's richest business square mile. Almost 200 people attended the event, including Afro-IP.

This event showcases a number of the Adams & Adams lawyer's expertise in their respective fields as well as select key note speakers as they bid to keep things short, to the point and relevant. As Mark Twain said "I did not have time to write you a short letter, so I wrote you a long one instead" rings true for punchy presentations, requiring significantly more work to get right. 

I will leave my colleague to write more about the content of this event in a later post. I just wanted to highlight two aspects. 

Michael Charton's My Father's Coat, and the need to be responsible

Guest speaker and renown storyteller Michael Charton provided a moving rendition of his very popular story on the history of South Africa through the eyes of five great men. It is a story so relevant for contemporary South Africa, encapsulating the trauma of our past in an inspiring insight of what unites and divides our country. It brought many to tears and I was speechless at the end, which is not what you want if you are the MC!

The relevance of the talk to IP was what I wanted to reflect on. Yes, the idea of digesting South Africa's rich tapestry of cultures and history into a short talk is a fit for a Crammer event but it is also the responsibility that comes from monopoly power that is evident throughout, not unlike responsibility in an IP right.

Michael draws on stories about Rhodes' dream of extending British power from Cape to Cairo (in a map that looked quite similar to an ARIPO registration), the VOC (which he described as arguably the world's first commercial brand), and Smuts' remarkable international stature and unique respect for his rival Ghandi to convey his tale of sometimes noble intentions that often lead to untold misery and suffering. 

These few stories (and there were more) illustrate that with power and control comes great responsibility. This is no different from say, having a patent over a life saving drug or a trade mark right and knowledge of counterfeiting that involves drug smuggling or dangerous spare parts, or a firm that has market share and the power to employ, yet has a culture of discrimination or poor corporate governance. As Michael's tale so aptly reflects - history will judge you, not on your bottom line or material wealth but your ability to be to be responsible. You may not realise that when you register or audit your IP. 

The Glove Initiative(TM) 

George Scola also attended the event yesterday. George was a national basketball player and is a genuine all round nice guy. He lead a normal, if not enviable, life until one day in his 30s he was struck down with a stroke. The moment he became disabled is encapsulated by him in this clip here. Today he spends his life dedicated to promoting awareness of stroke. He founded South Africa's Stoke Survivor Foundation and is a Director of World Stroke Organisation.

Despite these grand titles, his noble cause and his warm personality, George has significant challenges. He is still suffering from his disability which creates a real challenge to getting around, concentrating for long periods and pursuing the cause. Coupled with that he has an annual budget that does not even reach R40k (less than $3000) and he is competing with causes in South Africa, like Aids, TB and others that get far more awareness, in a society where none of them get enough.

October is stroke awareness month and George has come up with The Glove Initiative to promote his work. This involves placing a turquoise medical glove on one's hand as a reminder not to use it, for a period of time. It will give the person some idea of what it is like to suffer the effects of a debilitating stroke. As those at the Crammer event will have understood; just trying to pin a name badge with one hand is well nigh, impossible. 

“There is urgent need for a campaign like this,” notes George Scola, “as so many misconceptions surround stroke. Some communities still believe stroke is evidence of witchcraft. Others wrongly believe women are immune.” “Awareness is low and information sparse. This must change.”

I would like to encourage everyone to support this initiative. You can do so by simply following  them on twitter @strokesurvivors or the Facebook page https://web.facebook.com/strokesurvivors/. Pick up a glove, that is all you need to do but if you want to donate, that would really be appreciated.










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Friday, 13 October 2017

Darren Olivier

LES, Herbex, NIPMO, IP Briefs, the Crammer and Kenya's Copyright developments - Friday ramblings

The Licensing Executives Society of South Africa has a very pleasant and active local membership. This week their one day conference attracted over 50 attendees speaking on topics that  included South Africa’s draft IP Policy, OECD tax regime developments, NIPMO’s dynamic progress under Dr Kerry Faul and the Competition Commission’s foray into the world of compulsory licensing. It is as interesting as it is diverse which is real attraction of the LES local chapter and this year they were joined by LES International President Peter Hess, as well as local President Alessia Del Bianco.

My own involvement was to join Dr Madelein Kleyn in a discussion that traversed new acronyms BEPS and DEMPE in the context of transfer pricing, international tax structures and IP structuring. You might well ask what the heck do you know about that and the answer would be - a lot more now then I did prior to preparing for the discussion. Madelein's editorial in the latest IP Briefs will provide some context to these developments and all I have to say is that if BEPS and DEMPE work effectively there will be no need for current headaches caused by local exchange control in South Africa, a mechanism designed in part to curtail base tax erosion.

Without wanting to single out any presentation, Dr Kerry Faul’s update on NIPMO developments was very heartwarming. As an advocate of both intellectual property and Africa, this national initiative to capture and commercialise innovation of some of the smartest minds in South Africa and use it for social good, job creation and general upliftment was commendable to start with. NIPMO was always going to have its challenges and still does but there is evidence of genuine achievement towards its goals. For this Dr Faul received an award from LES which deserves particular mention and congratulations.

Turning to another initiative that is close to my heart, the Crammer is a concept that attempts to digest a year’s worth of IP developments into a single morning for the benefit of busy in-house counsel, executives and business owners. My firm embraced the idea and now advocates their biggest and boldest Crammer yet next Thursday at the Radisson Sandton (not Gautrain), that I have the pleasure of MCing. You can view the complete agenda in the Watering Hole section here. The guest speaker is the excellent Michael Charton who will present My Father’s Coat, a truly inspiring and very relevant South Africa tale. It's nearly full so hurry!

"It’s our biggest and boldest Crammer® yet – presented by Adams & Adams to an exclusive audience of in-house legal representatives, entrepreneurs and executive decision-makers. In focusing on IP, commercial and property law developments, our legal professionals will review interesting updates and commentary on subjects ranging from innovation funding, copyright and brand development, to data protection and a number of significant IP and commercial case law studies."


Another recent development is news that the ASA in South Africa is continuing to progress its resurgence under the watchful eye of acting CEO Gail Schimmel and the loyal Leon Grobler. Emboldened by the order in the much anticipated Herbex case appeal which had threatened to severely curtail the decision making powers of the ASA they are making progress in re-captivating consumer and industry trust as a self regulated watchdog.

The upshot of the Herbex order is that although the ASA is not able to rule against non members it is able to adjudicate on whether any advertising is contrary to its code.  This will enable it members, which are vast ranging and include a number of industry associations embracing media, consumers and broadcasting to elect not to accept advertising which is contrary to the code. For more on the ASA on this blog, click here.

Looking north, Kenya’s Copyright (Amendment) Bill 2017 was recently tabled in parliament for a first reading. It has provisions that seek to update copyright laws with the digital age and information systems, as well as specific benefits for those that are blind, have visual impairments and certain physical disabilities. It also introduces the concept of a resale royalty right. I am hoping that our colleagues in East Africa will provide some commentary on this development in a future posts together with news of the Kenya Copyright Board’s new logo which is the subject of a competition launched by their Department of Justice, with almost $2000 worth of prize money up for grabs.

Have a good weekend!
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