scholarly journals AI inventorship: The right decision?

2021 ◽  
Author(s):  
Donrich Willem Thaldar ◽  
Meshandren Naidoo
Keyword(s):  
South African ◽  
Patent Application ◽  
Federal Court ◽  
The United States ◽  
European Patent ◽  
The South ◽  
Food Container ◽  
Legal Personhood ◽  
The World ◽  
The Right

In July 2021 South Africa became the first jurisdiction in the world to grant a patent where the inventor is not human, but an artificial intelligence (AI). The AI creativity machine in question, called DABUS, which was made by American entrepreneur Dr Stephen Thaler, invented a new food container. Thaler applied for a patent on this invention in various jurisdictions around the world. During 2020, Thaler’s patent applications were refused by the by European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). These patent offices followed a strictly textual approach in interpreting their respective patent legislation – thereby excluding AI from the definition of ‘inventor’. In this light, the decision by the South African Companies and Intellectual Property Commission (CIPC) to grant a patent for the same application that was refused by two of the world’s leading patent offices, came as a surprise to many. In this article, the question is posed whether the South African decision was legally correct. The analysis is informed by the ground-breaking judgment by the Australian Federal Court on DABUS’s food container patent application. This judgment was handed down just a few days after the South African decision was published and provides sound legal rationales in support of allowing AI inventorship. Importantly, the Australian Federal Court adopted a purposive approach to interpreting patent legislation – in contrast with the EPO and USPTO. Since South African law adheres to a purpose approach, the Australian judgment offers a more suitable precedent to follow. It is concluded that the South African CIPC decision was legally correct. Furthermore, it is clarified that allowing AI inventorship does not necessarily imply that AI has legal personhood.

scholarly journals Comparative Analysis of Appeal Procedures in the European, American and Brazilian Patent Offices

2021 ◽  
Author(s):  
Fabio Monteiro dos Santos ◽  
Heleno José Costa Bezerra Netto ◽  
Ricardo Carvalho Rodrigues
Keyword(s):  
The United States ◽  
European Patent ◽  
European American ◽  
Human Being ◽  
Patent Office ◽  
United States Patent ◽  
Examination Procedure ◽  
The World ◽  
The Right ◽  
States Patent

The right to appeal exists as a response to the two main characteristics of every human being. The first refers to the attitude of not settling for adverse decisions, which leads people to seek instruments to remediate these decisions, while the second is the possibility that every human being has to make mistakes and the need to correct these mistakes in decision-making acts that may have been mistaken. Therefore, an appeal is an instrument that enables review of a decision by a higher authority to obtain its modification or revocation. In the patent system, appeals are used basically to reverse decisions of patent examiners during the examination procedure as, for example, the decision to reject a patent. Although all patent offices have procedures for appeal against first-instance decisions taken by these offices, there are significant differences as to how this procedure is conducted in each office. This chapter will study the laws and regulations, rules and procedures on appeals in two of the main patent offices in the world – the European Patent Office – EPO and the United States Patent and Trademark Office – USPTO, and in the Brazilian Patent Office – INPI, pointing out the main differences between them.

scholarly journals DIE IMPAK EN GRONDWETLIKHEID VAN DIE REG OM TE STAAK MET BETREKKING TOT NOODSAAKLIKE DIENSTE – 'N VERGELYKENDE STUDIE

2017 ◽  
Vol 12 (2) ◽  
pp. 97
Author(s):  
HJ Deacon ◽  
PQ Cilliers
Keyword(s):  
South African ◽  
Personal Safety ◽  
The South ◽  
Labour Relations ◽  
Essential Services ◽  
The World ◽  
The Republic ◽  
Labour Legislation ◽  
The Right ◽  
Public Workers

This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed in an essential service. The South African position is examined and compared to other countries around the world, but the focus is mainly on the United Kingdom.The article shows that South Africa's current labour legislation (especially regarding essential services) is in theory good, but that it is applied and enforced poorly in spite of the provisions contained in the Labour Relations Act and the Constitution of the Republic of South Africa 1996. This became evident in the 2007 public workers' strike in which many essential services employees took part.The United Kingdom, Australia, New Zealand, Canada, India, France and Kenya all have different ways of dealing with strikes and essential services. Some of these countries' approaches are similar to South Africa's, but in each there is some difference that could be useful in the South African situation. Through these comparisons it becomes clear that the right to strike is important in many countries around the world, but that each country's essential services (or services that can be classified as essential) are equally important. Every country places at the very least some limitation on the right of essential services employees to strike.In conclusion this article states that the South African Labour Law is not perfect and can be improved by means of comparison. This improvement is of vital importance to the lives, health and personal safety of every individual in the country.

scholarly journals The significance of constitutional values

2017 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Hiroshi Nishihara
Keyword(s):  
United States ◽  
South African ◽  
The United States ◽  
The South ◽  
The Right ◽  
Value Neutrality

This article addresses the question of the meaning and legal significance of constitutional values in contemporary times.  The article attends also to related questions namely, what constitute “constitutional values” and what are the limitations of the meaning afforded to this notion.  Attention is paid in the particular, to freedom, equality and democracy as value-neutral criteria of fairness and government neutrality with reference to the South African and German contexts as well as to value-neutrality as a culturally conditioned value.  The author concludes with a cosmopolitan view of freedom and the right to peace with reference to the constitutional texts of Japan and the United States.

scholarly journals A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act

2020 ◽  
pp. 1-24
Author(s):  
Rehana Cassim
Keyword(s):  
United States ◽  
United Kingdom ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
The South ◽  
The United Kingdom ◽  
Locus Standi

Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the duration of the disqualification, the application of a prescription period and the discretion conferred on courts to disqualify directors from office. It contends that, in empowering courts to disqualify directors from holding office, section 162 of the South African Companies Act goes too far in certain respects.

scholarly journals First Report of Leaf Rust of Blueberry Caused by Thekopsora minima on Vaccinium corymbosum in the Western Cape, South Africa

Plant Disease ◽  
2010 ◽  
Vol 94 (4) ◽  
pp. 478-478 ◽  
Author(s):  
L. Mostert ◽  
W. Bester ◽  
T. Jensen ◽  
S. Coertze ◽  
A. van Hoorn ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Water Solution ◽  
Phylogenetic Analyses ◽  
The United States ◽  
Vaccinium Corymbosum ◽  
Tween 20 ◽  
Western Cape ◽  
The South ◽  
First Report

Southern highbush blueberry plants (Vaccinium corymbosum interspecific hybrids) showing rust-like symptoms were observed in July 2006 in Porterville in the Western Cape (WC), South Africa. Diseased plants were also found in Villiersdorp and George in the WC in 2007. In 2008, symptoms were observed in George, and in 2009, in all the previous reported areas. Cvs. Bluecrisp, Emerald, Jewel, Sharpblue, and Star were infected. Reddish-to-brown spots appeared on the adaxial surface of leaves and developed into yellow-to-orange erumpent uredinia with pulverulent urediniospores. Uredinia were hypophyllous, dome shaped, 113 to 750 μm wide, and occasionally coalescing. Urediniospores were broadly obovate, sometimes ellipsoidal or pyriform, with yellowish orange content, and measured 19 to 27 × 12 to 20 μm (average 24 × 15 μm, n = 30). Spore walls were echinulate, hyaline, 1 to 1.5 μm thick, and with obscure germ pores. No telia or teliospores were observed. Voucher specimens were lodged in the South African National Fungus Collection in Pretoria (PREM 60245). The isolate was initially identified as Thekopsora minima P. Syd. & Syd., based primarily on the absence of conspicuous ostiolar cells characteristic of Naohidemyces spp. (3). Genomic DNA was extracted from urediniospores. Approximately 1,400 bp were amplified spanning the 5.8S, ITS2, and 28S large subunit of the ribosomal DNA (1). The sequence (GU355675) shared 96% (907 of 942 bp; GenBank AF522180) and 94% (1,014 of 1,047 bp; GenBank DQ354563) similarities in the 28S portion, respectively, to those of Naohidemyces vaccinii (Wint.) Sato, Katsuya et Y. Hiratsuka and Pucciniastrum geoppertianum (Kuehn) Kleb, two of the three known rust species of blueberry (2). Although no sequences of T. minima were available for direct comparison, phylogenetic analyses of the 28S region strongly supported the South African blueberry rust as congeneric with T. guttata (J. Schröt.) P. Syd. & Syd. (GenBank AF426231) and T. symphyti (Bubák) Berndt (GenBank AF26230) (data not shown). Four 6-month-old cv. Sharpblue plants were inoculated with a suspension (approximate final concentration of 1 × 105 spores per ml) of fresh urediniospores in a water solution with 0.05% Tween 20. After incubation at 20°C for 48 h under continuous fluorescent lighting, the plants were grown in a glasshouse (18/25°C night/day temperatures). Identical uredinia and symptoms developed approximately 3 weeks after inoculation on the inoculated plants, but not on two control plants of cv. Sharpblue sprayed with distilled water and kept at the same conditions. The alternate host hemlock (Tsuga spp.) is not endemic to South Africa and not sold as an ornamental plant according to a large conifer nursery. Hosts of T. minima include Gaylussacia baccata, G. frondosa, Lyonia neziki, Menziesia pilosa, Rhododendron canadense, R. canescens, R. lutescens R. ponticum, R. prunifolium, R. viscosum, V. angustifolium var. laevifolium, V. corumbosum, and V. erythrocarpon (3). Visual inspection of possible hosts in the gardens in close proximity of Vaccinium production areas did not show any rust symptoms. To our knowledge, this is the first report of T. minima on blueberries outside of Asia and the United States (2). References: (1) M. C. Aime. Mycoscience 47:112, 2006. (2) D. F. Farr and A. Y. Rossman. Fungal Databases. Systematic Botany and Mycology Laboratory. Online publication. USDA-ARS, 2009. (3) S. Sato et al. Trans. Mycol. Soc. Jpn. 34:47, 1993.

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals TEOLOGIA PÚBLICA NO BRASIL: UM PRIMEIRO BALANÇO

2012 ◽  
Vol 44 (122) ◽  
pp. 11
Author(s):  
Rudolf Von Sinner
Keyword(s):  
Public Space ◽  
South African ◽  
Rio Grande ◽  
The State ◽  
Public Theology ◽  
Rio Grande Do Sul ◽  
The South ◽  
The World ◽  
Uniform Definition ◽  
Different Parts

À luz de desafios atuais presentes no espaço público brasileiro, a discussão sobre a presença de crucifixos em tribunais gaúchos e a atuação de políticos evangélicos no Congresso, o artigo propõe-se fazer um primeiro balanço da reflexão sobre uma teologia pública no Brasil. Assim, procura responder à pergunta “o que é teologia pública?” não de forma definitória, inequívoca, uniformizante. Antes, mostra uma variedade de origens do termo e de oportunidades, bem como de perigos contidos neste conceito. Num primeiro passo, o artigo apresenta quatro linhas de abordagem presentes na emergente discussão brasileira. Em seguida, recorrendo ao sul-africano Dirk Smit, mostra a diversidade de origens e usos do conceito em várias partes do mundo. Por fim, procura evidenciar a pertinência e o potencial de uma teologia pública no Brasil – com ousadia e humildade.ABSTRACT: In view of actual challenges present in the Brazilian public space, the discussion on the presence of crosses in courthouses in the state of Rio Grande do Sul, as well as on the activities of evangelical Congressmen, this article ventures into a first balance of reflection on a public theology in Brazil. It seeks to respond to the question “what is public theology?” not with a clear and uniform definition. Rather, it shows a variety of origins and opportunities, as well as dangers contained in the concept. In a first step, the article presents four lines of thought present in the emerging Brazilian discussion. Then, with reference to the South African theologian Dirk Smit, it shows the diversity of origins and uses of the concept in different parts of the world. Finally, it seeks to show the pertinence and the potential of a public theology in Brazil – both with boldness and humility. 

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

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