Original news and analysis on international IP policy
Botswana's new industrial property act, which came into force earlier this month, has been applauded by IP commentators as an important step in the development of a strong IP system that is in line with international trends. Copies of the new law and implementing regulations are below.
A World Intellectual Property Organization project aimed at expanding research on diseases occurring predominately in developing countries using IP-protected material has announced its first research agreements.
CAPE TOWN - South African health activists and pharmaceutical industry stakeholders are keeping close watch over the government's attempts to amend patent laws, which activists claim compromise the ability of the country's poor majority to access cheaper generic medicines.
The South African national anthem comprises the works Nkosi Sikelela’ iAfrika and Die Stem, which was formerly the national anthem. Nkosi has passed into the public domain and contrary to various claims cannot be used as the basis for royalty claims arising out of its use. The music of Die Stem is however still under copyright but its ownership has reverted from the State to the heirs of the composer in terms of the reversionary interest provisions of the British Imperial Copyright Act and is thus the subject of private ownership. In principle royalties can be charged in respect of its use as part of the current national anthem.
The United Nations agency on trade and development this week published its Economic Development in Africa 2012 report, which argued, among other things, that the region’s sustainable future depends on using flexibilities in intellectual property rights as appropriate.
The question of the use of material in the public domain for the inspiration of new works has been complicated in South Africa by legislation which purports to grant retrospective perpetual protection to so-called “traditional works”. A case pending in the South African High Court highlights the question of what is “traditional” and raises the question of to whom music companies will have to look in the future to obtain permission to use anything that smacks of a traditional flavour. Prof. Owen Dean asks: Could this be a disincentive to use traditional material belonging in the public domain and thus slow cultural expression?
The Intellectual Property Laws Amendment Bill currently in the in-tray of South African President Jacob Zuma and awaiting a signature, holds the hope that it will finally pave the way for the protection of the country's most famous red tea, Rooibos, as well as other local staples.
A recent book comes in time for the international policy debates coming to a head over access to medicines, intellectual property rights and public health in developing countries.
A copy of a key judgment by the High Court of Kenya last week that found a national anti-counterfeiting law was overly broad and might interfere with access to generic medicines is now available on Intellectual Property Watch.
The High Court of Kenya yesterday ruled that the country's 2008 Anti-Counterfeit Act was too broad and could interfere with the flow of legal generic medicines to patients, leading the UNAIDS organisation to issue a statement praising the decision. It also said intellectual property rights are not more important than life and health, according to UNAIDS.
The quadrennial conference of the United Nations Conference on Trade and Development (UNCTAD) sets the course of the UN body work for the next four years. The mandate of the conference has evolved since its creation to become mainly a provider of research, policy analysis and technical assistance to developing countries. This time around, the conference will serve as a wide-ranging forum for trade and development issues, and intellectual property issues will haunt discussions in several areas.
Using on-the-ground research in Africa and the Netherlands, the authors of a recent book looked at the impact of intellectual property on agriculture and health in developing countries. The study made some surprise findings in relation to IP and development, such as IP-related obstacles to knowledge and technology transfer.