Monday 30 November 2009

Darren Olivier

Monday morsels

Two Supreme Court of Appeal (SCA) judgments were handed down in South Africa last week. The High Court decisions in the Turbek KG matter (see Afro-IP report here) and Century City (see Afro-IP report here) have both been overruled by the wise sitting in Bloemfontein. Afro Leo is waiting for them to be published on Saflii so that he can link to them. Both cases involve appeals by close corporations (a type of legal entity created to enhance small business) illustrating affordable access to the SCA (South Africa's highest commercial court). The cases also show the relatively good speed of the appeal process (approximately one year) but, worryingly, that three out of the four recent High Court trade mark decisions taken on appeal to the SCA, have been overturned. The Turbek decision is a success for Nolwazi Gcaba who counselled the appellant.

The latest attempt by a East African legal drafters to find a legal home for the stray, Traditional Knowledge and Culture, under constitutional law has been met with a fair degree of criticism. This report by the Daily Nation entitled "Culture can't be captured in any constitution" makes some interesting observations and suggests, somewhat ironically, that traditional knowledge is better protected under existing intellectual property laws.
(Right: anyone got a home for Tradknow?)

In response to questions from the media regarding Fifa’s Rights Protection Programme, the City of Cape Town has clarified the position of local businesses regarding the commercial exploitation of the 2010 Fifa World Cup Final Draw on 4 December. (Business as usual for local business)

The 4th Kenya International Film Festival held in October was, according to The East African, an impossibly ambitious and imaginative project. However, it reports that film production is growing exponentially in the region and that the agenda included a workshop on intellectual property protection.

Darren Olivier

Darren Olivier

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