The primary objective of this thesis is to determine how Uganda can optimally benefit from geographical indications. This objective is achieved by focusing on the current negotiations at the World Trade Organization concerning geographical indications. The main issues in contention are the extension of a higher level of protection to other products, besides wines and spirits, and the establishment of a multilateral register for wines and spirits. In the discussion of these issues, each proposal is examined in light of Uganda's interests. The thesis also focuses on how geographical indications can be turned into development tools at the national level. It considers Uganda's legislation, the Geographical Indications Act 8 of 2013, and highlights the provisions that might deter the establishment of a successful geographical indications system in the country. The thesis then identifies other factors that Uganda must address in order for geographical indications to become development tools. It is concluded that in order to establish a successful geographical indications system, Uganda needs to continue its support for the Modalities Proposal in the international negotiations. Furthermore, at the national level, there are various factors that must be addressed, beyond the law, before geographical indications can become development tools, and these include the formation of producer organisations, marketing strategies and the sensitisation of stakeholders.

This dissertation seeks to comparatively analyse different emerging jurisprudence of pioneering jurisdictions on the operability of enforcing digital copyright in light of the growing use of the Darknet. It addresses the legal lacuna in the existing copyright laws with regards to enforcement against the illegal distribution of infringing copies of online digital content. It also seeks to illustrate how the concept of digital copyright protection has been compromised by the inoperability of enforcement laws on illegal distribution via the Darknet. It thereby advocates for a 'digital use' exemption and or free access as a recommendation. Although the advancement of technology created new and advanced forms of distribution or availing copyrighted works to the public, these new advanced channels of distribution have been compromised by rogue online clandestine file sharing networks. Digital copyright protection laws have been advanced so as to respond to illegal online file sharing, however, they have had limited impact due to the vast, flexible and unregulated nature of the internet which transcends the territorial nature of any single state's copyright laws. Currently, online file sharing is effected through peer to peer networks due to their operational convenience. This dissertation suggests that the need to control distribution, legally or technological, is driven by the urge to enable digital copyright owners to benefit financially from their works and get a return on their investment. Technologically, this has been effected through the adoption of Digital Rights Management (DRMs) measures that control access to these works through the use of paywalls on commercial websites that require online consumers to pay/ subscribe first before they gain access to the copyrighted works. (eg Netflix, Showmax, itunes e.t.c) However, since absolute control over one's digital works, online, is impossible, the success of these access-control mechanisms remains debatable and remain vulnerable to technologically sophisticated users who could easily circumvent them and make the protected works available to millions of other users in Darknets. This, in effect, creates a parallel and free market for digital content. Darknets have grown as the new preferred channel of distribution due to their unique features which have rendered any judicial or legislative threat of sanctions, merely academic and detached from practical application. The Darknet essentially provides for user privacy, in anonymity, and security from monitoring and detection. These two primary features have exacerbated online piracy as various Darknets ISPs have now developed more user-friendly Darknet versions for the average mainstream user. This dissertation will highlight how the digital creative industry faces an existential threat with the growing use of Darknets. Darknets have created a virtual environment where illegal digital content distribution continues with impunity, since the burden of the enforceability of copyright rests squarely on the individual copyright holder and the pursuit of liability only begins upon detection of any such infringement of copyright. In effect, copyright owners, most often than not, lack the technological expertise to monitor and detect and thereby cannot enforce their copyright. As such, this dissertation postulates that the legal/ technological effort to maintain any form of monopoly over digital content online is an unattainable objective. As a solution, to end both online piracy and safeguarding the financial interests of copyright owners, a change in the approach to digital copyright is needed. This will be achieved through creating a 'digital use' exemption and or free access. Rather than copyright owners trying to control access, they should provide free access and profit on alternative revenue business models. Free access to digital content will do away with the need of online users to pirate and also save copyright owners the effort and resource to keep monitoring the virtual world for infringement. It will also counter-react to the Darknet's parallel market since users will have free access to digital content from the official distribution websites. This dissertation will interrogate the viability of this option.

Includes bibliographical references. / This dissertation will analyse South African copyright law and its ability to facilitate blind, visually impaired, or otherwise print disabled people. The Marrakesh Treaty intends to promote the making and distribution of copies of, among others, books in formats accessible to visually impaired persons. South Africa did not sign this Treaty yet, intends to sign and ratify this Treaty in the future. This dissertation will analyse the current South African copyright law and policy related to visually impaired persons. To gain insight, this work will also analyse international framework, and foreign copyright law. The aim of this analysis will be to find ways of how the future of South African copyright law should look like, according to the Marrakesh Treaty, to be able to facilitate VIPs. This research also intends to expose the possible law and policy related barriers for non-ratification of the Marrakesh Treaty. Furthermore, this dissertation will analyse what the possible legal implications thereof will be. The main goal of this dissertation will be to formulate a proposal on how the Marrakesh Treaty should me implemented in South African copyright law. This proposal will take into account possible barriers or policy related issues that arise from prior research.

Includes bibliographical references / In 2005 the Government of Zimbabwe adopted a National Information and Communications Technology (ICT) Policy to spur growth in the ICT sector. The idea was to transform Zimbabwe into a knowledge - based economy by 2020. This saw some synergies between stakeholders in improving ICT infrastructure. In the last decade Zimbabwe has seen growth in ICT albeit with numerous challenges. There have been innovation s in ICT which raise possible intellectual property issues. The thesis seeks to assess whether there is scope for the utilisation of intellectual property rights in some of the innovations. An exploration of the various policies that have a bearing on ICT will inform the discussion on ICT growth. The thesis will also lay out the intellectual property framework and identify rights which can be appropriated to innovations. It will identify some areas where tailoring is required to suit the system to the development needs of the country and the innovation environment. Some recommendations will be made derived from the experiences of other countries and from the survey conducted as part of the research.

This thesis examines the liability for copyright infringement of streaming platforms and streaming box distributors in the EU, U.S. and in South Africa. As there have been no reported cases in South Africa in which copyright holders have instituted legal proceedings concerning copyright infringement against streaming platforms or streaming box distributors, this thesis analyses and compares the legal context in the EU and the U.S., in order to develop an appropriate approach for lawmakers and courts in South Africa regarding this issue. It concludes that the approach of the European Court of Justice with regard to the communication to the public right leads to legal uncertainty and should not be followed. Instead, it is suggested that South Africa implements into its Copyright Act of 1978 parts of the U.S. approach in terms of secondary liability. Furthermore, the lawmaker should revise the safe harbour provisions in the Electronic Communications and Transactions Act of 2002.

There is a marked increase in distance learning courses. According to the literature, online courses have penetrated 78.09% of undergraduate level programmes and 64.3% of doctoral research institutions. The amplified trend towards online learning courses raises questions pertaining to access to educational material online. Digitisation has enabled the rapid copying of content and dissemination thereof to better enable access to learning for all through such digital availability of educational material. However, whether there are sufficient exceptions within copyright law to better facilitate the magnanimous growth of distance learners is debatable. The aim of this minor dissertation is to determine whether there are international instruments such as the Berne Convention, the Trade Related Intellectual Property Agreement (TRIPs), and the WIPO Copyright Treaty (WCT) that better enable the electronic reproduction and distribution of work for distance learners. To understand the fair dealing and fair use provision specifically for distance learning in specific countries, which include South Africa, United Kingdom and United States Methodology: A large literature search was undertaken, which included legislation, published journal articles, websites and magazines to characterise the current state of access to educational material for distance learners in SA, UK and USA. The findings show that there is not sufficient room for access to educational material for distance learners in a fair dealing model. This can be demonstrated in the enumerated list that must be adhered to for fair dealing to subsist. This is demonstrated in section 12 of the South African Copyright Act as well as section 32-36 in United Kingdom's Copyright Designs and Patents Act. However, in the United States there has been development within the codification of fair use terms in section 107 of the United States Copyright Act that have provided provisions for multiple copies as long as the four criteria for fair use are fulfilled. Furthermore, the Digital Millennium Copyright Act was implemented which has therein specified provisions for the digitisation of a work for distance learners. There are not sufficient exceptions within copyright law for access to digitised educational material for distance learners in South Africa and the United Kingdom. The current exceptions are narrow and limited. Therefore, a recommendation would be to broaden the scope of the provisions to increase the flexibility and better to accommodate access to educational material for distance learners in this information age where digital networks and access are growing exponentially. Some countries such as the Unites States have come to this realisation early and have started to accommodate digitisation of works and distance learning models through the Digital Millennium Copyright Act and the codification of the fair use model in section 107 of the United States Copyright Act.

Includes bibliographical references. / Online social networking sites such as Facebook and YouTube allow creative works to be more easily copied and distributed. This type of content is generally referred to as user-generated content and its creation has become a major component of our daily routine. As a result, user-generated content has the potential to influence not just the nature of social interactions but methods of doing business. The advent of user-generated content poses new challenges to copyright law, the conventional medium of protecting these creative works. The global reach of the internet and the increasing ease of access thereto make infringement of original material more likely and more frequent. User-generated content is also surrounded by legal uncertainty in the areas of defamation and privacy. It is beyond the scope of this paper to deal in any depth with these issues. This dissertation will focus on the implications of user-generated content within the realm of copyright. Specifically, this paper examines whether South African copyright law, in its present state, adequately protect the rights and interests of content creators on one end and website owners and proprietors on the other. This assessment will be guided, in part, by judicial precedent and legislative policies adopted in other jurisdictions.

The question that underlies this research is whether and to what extent does South Africa’s moves to amend its Patent Act, as outlined in the country’s new Intellectual Property (IP) Policy take advantage of the flexibilities made available through the Agreement on Trade- Related Aspects of Intellectual Property (TRIPS)? Patents law and access to medicines are two areas which are not new to South African IP law. Since the late 1990s when the Human Immunodeficiency Virus (HIV) was at its peak, there has been a tensed relationship between IP, through patents, and access to medicines. While proponents for pharmaceutical patents have argued that patents are a necessary stimulant for innovation and development of new medicines, those against pharmaceutical patents have vigorously laid blame on the patent system for birthing monopolies which have led to unaffordable prices for many life-saving drugs. This dissertation examines the patent framework of South Africa and juxtaposes it with the TRIPS Agreement to determine if there is a gap with the regards to the flexibilities available under each, and if so, how much of a gap exists between them. Also, the recommendations made in the IP Policy which was released by the Department of Trade and Industry (DTI) in 2018, are evaluated to ascertain how aligned to the TRIPS flexibilities they will be if they are turned into law by the lawmaker. The Indian patent system is also looked at to see how it went about patent reform and what South Africa can learn from it. Finally, conclusions are drawn and recommendations made, regarding model language which reflects the recommendations in the Policy that the lawmaker may refer to in the amendment process. Patent reform is a difficult task, and with lives hanging in the balance, a crucial one. The process in South Africa has lingered for many years without resolution. This dissertation highlights the need for urgency in the process with the hope that these changes catalyse into a more equitable patent system where the IP scale provides a more balanced eco-system in which both pharmaceutical patent owners and the general public who rely on their medicines can thrive. Although, a daunting task, a bold and proactive approach must be taken to ensure that the balance is reached timeously and efficiently.

Includes bibliographical references. / Protection of traditional knowledge and traditional cultural expressions of indigenous communities is one of the most contentious and complicated issues on both international and national agendas. The historical development of the protection of intellectual property in the wake of the industrial revolution and its subsequent jurisprudential justification, based on private property rights, pushed TK and the practice based on it, outside the purview of the formal intellectual protection regime. There is substantial evidence that TK has in past decades been used in a range of industries and has accordingly led to new products as well as the development of existing products. Evidence of this can be found in the areas of special foods and beverages, the cosmetic sector, personal care, agriculture, horticulture and pharmaceuticals. Industries sometimes make use of this knowledge to formulate new products, which they do in a slightly different manner so as to market the products as their own. Currently, there are certain products in Namibia that use the traditional terms of products as trademarks. Despite the fact that some of these terms are not registered with the Ministry of Trade and Industries, these owners enjoy common law protection under trademark law. This is especially so for well-known products such as Omaere milk, which is a product of the Namibia Dairies (Pty) Ltd. The term Omaere is used by the OvaHerero and OvaHimba speaking communities of Namibia and Botswana to refer to traditionally processed curdled milk. The Namibian Dairies (Pty) Ltd has been making use of this name for one of their curdled milk products for more than 15 years. During this period the company has done such excessive marketing of the product that this name has come to be regarded as their trademark. Reviewing it from this perspective, one can conclude that no-one else could use this name to refer to their milk products, as it has come to be considered as a product of the Namibia Dairies.

This minor dissertation investigates alternative compulsory licencing (CL) policy approaches for the South African context. The purpose is to support the country's aspirations to reform certain components of its intellectual property (IP) regime, ensuring alignment with the country's development prerogatives. Homing in on technical barriers with the operationalisation of the existing CL mechanism; this paper investigates remedial recommendations to support South Africa's reform efforts. The paper also hopes to gauge whether it is feasible to leverage compulsory licensure as a cost-containment tool to circumvent price dominance in the sale of essential pharmaceutical commodities. The South African Patents Law provides for CL under three grounds. These are dealt with in chapter 2. The abuse of patents rights as a result of excessive pricing is one of these grounds. Yet, attempting to use this provision abuse of patents rights is procedurally and administratively cumbersome. This is notwithstanding the litigation costs. The 2018 national IP Policy aspires to reform the CL policy to ensure that it is a 'workable mechanism'. A comparative analysis of the CL policy landscapes in the People's Republic of China (PRC) and the Russian Federation will be taken to inform South Africa's discourse. These two countries are strategic because they have either reformed and/ or in the process of renovating their intellectual property rights (IPR) landscapes and both have interesting approaches to the way in which they have reformed their CL mechanisms. The findings of this paper reveal that Russia and China have undertaken extensive IPR reforms over the last three decades. They have both taken different policy approaches in adapting their CL instruments. Russia's CL reform proposals are underway and aim to advance a CL mechanism that can effectively regulate the abuse of patents, especially for essential pharmaceutical commodities. China has installed specific Implementing Measures which offer policy guidance on the applicability CLs. In the case study of China, the Measures imposed are not necessarily advanced as cost-containment tools. Rather they support the country's pharmaceutical agenda. The recommendations in this paper offer interesting insights to the feasibility exercises that will be advanced in South Africa's IPR reform process.