Monday 14 October 2013

Darren Olivier

RSA's Draft National IP Policy - Stellenbosch Uni notes

Stellenbosch University has produced a 72 page document commenting on the draft policy. The commentary consists of:

1.   An overview of the DNPIP, as a whole, prepared by Professor OH Dean, Chair of IP Law.
2.   A commentary on those aspects of the DNPIP dealing primarily with copyright, trade marks and related issues prepared by Professor OH Dean.
3.   A commentary on primarily patents, design and technology transfer matters prepared by Dr M Kleyn, a Fellow of the CIP.
4.   A commentary dealing primarily with matters pertaining to the internet prepared by Mr C Jooste, a Fellow of the CIP.
5.   A commentary dealing primarily with computer programmes prepared by Dr S Karjiker, a Fellow of the CIP.

It is well constructed, comprehensive and damming, and well worth a read even if just to understand where South Africa stands in terms of its international obligations. Without wanting to single out any one of the authors, the conclusion of Dr Kleyn is a consistent message throughout the read:

"The concept of a national IPP has merit. Although there are many aspects raised that are encouraging and can be supported, the presentation, form and content of the IPP are of poor quality, contains substantial material errors of fact and law, provides no substance and is without any empirical data or proper studies. The IPP should be referred for redrafting and it is strongly recommended that proper public consultation with the relevant IP role players and experts is done."

For a collection of commentary, please check these out:

Darren Olivier

Darren Olivier

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