scholarly journals NEEDLETIME: THE LONG AND WINDING ROAD

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Tanya Wagenaar ◽  
Frans Marx

The article chronicles the long and winding road of the development of rights to royalties for performers from the recognition of a sort of potential right in the Berne Convention, through the different international instruments such as the Rome Convention, the TRIPs Agreement and eventually, for purposes of this article, the most important World Intellectual Property Organisation Performances andPhonograms Treaty (WPPT). It then proceeds to deal with the development of the law relating to performers’ rights in South Africa. It shows that, despite vehement objections from the National Association of Broadcasters (NAB), the Performers’ Protection Act and the Copyright Act were amended in 2002 and through these amendments a legislative framework for the protection of performers in South Africa was established. It concludes that, in spite of these legislative measures, the implementation of needletime has been controversial because of the vastly different interpretations of the empowering legislation. This has resulted in a delay in thepayment of needletime rights which has led to several judicial challenges that once settled, should hopefully bring a measure of legal certainty to this area of law.

Author(s):  
Anak Agung Ngurah Tresna Adnyana

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.


Author(s):  
Bellarmine Ezumah ◽  
Suraj Olunifesi Adekunle

This chapter serves as a collection of works that were done in the area of cybersecurity in Africa—with a focus on four countries representing the cardinal points in Africa: Kenya, Nigeria, Egypt, and South Africa. It presents detailed information on the legislative framework proposed and implemented by these countries to combat and control cybercrimes. Notable among them are the Egypt’s e-Signature Law 15, Kenya’s e-Transaction Bill, Nigeria’s Computer Security and Critical Information Infrastructure Protection Bill, and South Africa’s Electronic Communications and Transaction Act. Equally, these legislative measures were commended, criticized, and factors that militate their implementation are discussed. The ultimate realization is that cybercrime can never be abolished; rather, every effort aims at combating and controlling it in some way. Finally, the chapter posits areas that the African nations can improve in their quest for making cyberspace safer.


Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Hezekiel Oira ◽  
Lonias Ndlovu

The concept of broadcast copyright is one of the most controversial and non-felicitous subjects, both at national and transnational levels. Most municipal copyright laws and relevant international instruments merely provide that broadcasting organizations shall enjoy protection over their broadcasts and programme-carrying signals. Some of those international instruments include The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 (hereinafter “the Rome Convention”). Article 13 thereof grants specific exclusive rights against certain activities in relation to the broadcasts of broadcasting organizations. Additionally, Article 1 of the Rome Convention guarantees that its exercise and implementation shall leave intact and in no way affect the protection of copyright in literary and artistic works. The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter “the TRIPs Agreement”) of 1994 follows the model of the Rome Convention, and under Article 14 (3) grants broadcasting organizations the same neighbouring rights as the latter does. In both instruments, the object of protection in a broadcast or broadcasts was never defined. The Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (hereinafter “the Satellite Convention”) of 1974 does not grant broadcasting organizations any specific right but obliges Contracting Parties to prevent unauthorized distribution on or from their territories of any programme-carrying signal by any distributor for whom the signal emitted to or passing through the satellite is not intended. The protection conferred upon the broadcasting organizations under the above international instruments are replicated in the copyright laws of Kenya and South Africa without clarifying upon the property and the scope of protection of a broadcast. The failure to specifically define the subject matter of protection in broadcast copyright as well as its outer boundaries forms the genesis of the current controversy. Amid this controversy, this article examines two emerging global approaches around which broadcast copyright revolves, namely the content or rights-based approach, and the signal-based approach. Drawing from the two approaches, the article examines the extent to which they apply to Kenya and South Africa.


2021 ◽  
Vol 4 (1) ◽  
pp. 1-18
Author(s):  
Godfrey Thenga

Infringement of intellectual property is a violation of protected rights. Intellectual property is an asset owned by businesses and forms part of a trade. In South Africa, the Constitution and other legislation guarantee ownership of property. The rights to ownership of protected property are affected when criminals misappropriate property. This abuse is evident when the protected property is divested from its lawful owners and sold at a profit to disadvantage the owners. This has the potential of devaluing protected property and contributes to the financial loss of the owners. The abuse ultimately discourages innovation and creativity in businesses. The government is responsible for protecting property rights; the positive spin-off is the taxes that benefit the country. Poor protection encourages free-riding behavior where unscrupulous criminals misuse the intellectual property for their benefit. This study assessed the effectiveness of various legislation that protects property interests. It further highlighted poor enforcement of the law.


2004 ◽  
Vol 56 (2-3) ◽  
pp. 279-303
Author(s):  
Sanja Jelisavac

Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.


Author(s):  
Motseotsile Clement Marumoagae

This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds’ administrators. It demonstrates that retirement fund members lose substantial retirement benefits due to the illegal and unlawful conduct of those who manage and administer retirement funds. It evaluates whether the South African legislative framework offers retirement funds and their members adequate protection from activities that may compromise the delivery of the pension promise such as: mismanagement; fraudulent activities; gross negligence; and the outright looting of retirement fund assets. In particular, this paper illustrates that the law in South Africa does not deter would-be wrongdoers from acting in a manner that may compromise the benefits expected by retirement fund members when they exit their funds. It advocates the adoption of adequate preventative legislative measures that would make it difficult for anyone to act in a manner that would compromise retirement fund members' benefits in South Africa.


2020 ◽  
Vol 3 (2) ◽  
pp. 15-29
Author(s):  
Sogo Angel Olofinbiyi ◽  
Thembelihle Mtambo

South African societies have been characterized by the prolific incidence of illicit drug use in recent times.  The paper attempts to examine the legislations implemented on the use of illicit drugs in South Africa. The study adopts a review of the literature to identify and describe the most common illicit drugs used around South Africa communities, placing emphasis on the policies developed by the South African government in combating these situations. The research follows a critical   discussion on the issues associated with drug use, its causes, as well as its effects on humans and the environment. The study recommends relevant initiatives to combat all intricacies associated with drug use within the country. This approach will be appropriate in facilitating a clear-cut   understanding of the possible remedies to quench the burning flame of illicit drug use across a broad range of South African communities.


Author(s):  
Henning Grosse Ruse-Khan

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.


Author(s):  
Ndukuyakhe Ndlovu

The roots of contract archeology were laid even before the development of a legislative framework that prescribed the processes to be followed. Contract archeology was being seen by the museums and universities as the best avenue to the subsidizing of archeological research. The increased research funding of the 1960s and 1970s was on the decline in the 1980s. Universities, therefore, were at a disadvantage and needed to explore other avenues of funding. Legislative changes over the years, which made it mandatory for developers to fund impact assessments to mitigate potential damage of valuable heritage resources from their proposed activities, have led to a significant proliferation of private archeological companies. These have been established to provide developers with the expertise they need to satisfy these legal requirements. The approach used in South Africa is that the developer must pay to assess the nature of the likely impact of their proposed activity. Government entities are then tasked with the responsibility of reviewing studies undertaken by specialists subcontracted by developers. The subdiscipline of archeology has grown significantly in South Africa, specifically enabled by legislative changes over the years requiring that predevelopment assessments of heritage sites be undertaken prior to approvals being made. However, archeology has continued to be defined as racially unrepresentative of the South African demography. In addition, the management of heritage resources through the use of contract archeology has been characterized by a variety of administrative challenges.


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