M.Tech. Business Administration. Business School / The Tshwane University of Technology (TUT) is established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997). The institution offers higher education learning and makes use of study material and other sources that are in most instances copyrighted, for example text books, journals etc. Questions that are often asked by lecturing staff are: Who is the copyright owner of the study material? How much of a textbook may be duplicated? How many copies of the works may be made? May I duplicate study material for students etc.? These questions are often difficult to answer because of the complexity of the Copyright Act, the fact that the Act was promulgated in 1978 and the limited availability of case law which interprets the provisions of the Copyright Act.

Biological diversity is defined in Article 2 of the Convention on Biological Diversity as the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part. This, includes diversity within species and of ecosystems. Biological diversity and its components is valuable in meeting the social, economic, scientific, educational and other human needs. Biological diversity is also important for revolution and maintaining of life sustaining systems of the biosphere. For many years biological resources were treated as coon heritage of mankind; free access was consequently accepted. Most of the genetic resources used for developing new products originated from developing countries in the South; on the other hand research and development in respect of new technologies is carried out mostly by firms in developed countries in the North. New products resulting thereof are subsequently protected by the intellectual property rights (IPR). It is now recognised that new products using biological resources benefit directly or indirectly from indigenous knowledge. Such knowledge is of significant value for the understanding of the natural environment and for sustainable use of natural resources. However, the contribution made by these communities does not receive the same recognition or protection as products which benefit from their knowledge. Existing IPR systems were not designed to extend benefits to indigenous knowledge. Changes in this area were necessitated by concerns about the significant reduction of biological diversity due to certain human activities. These concerns coupled with the recognition that issues of conservation of biological resources cannot be dealt with without addressing issues of equity in access to and sharing of both genetic resources and technologies, recognition of the role of indigenous and local communities, eradication of poverty and international co-operation among others. The Convention on Biological Diversity entered into force in 1993 as a global effort into addressing these issues. It is recognised in the Convention that access to and transfer of technology among members are essential elements for the attainment of its objectives. Parties are therefore called upon to facilitate access and transfer technologies that are relevant to conservation and sustainable use. Protection to IPR holders is provided by the requirements that access to and transfer of technology which is subject to patents and other IPR is to be provided on terms which recognise and are consistent with the adequate and effective protection of IPR. The relationship between environmental protection and IPR is thus made an important issue which may influence implementation of the Convention. This thesis focuses on the study of national and international IPR regimes and their role in implementation of the provisions of the convention. Limitations of these regimes are identified, recent developments in addressing these limitations are analysed and possible alternatives are proposed. This study purports to supplement global efforts to effectively implement provisions of the Convention. / Thesis (Ph.D.)-University of Durban-Westville, 1999.

This work will investigate the implementation of plant variety protection obligations that African states, and in particular South Africa, have to undertake under the various relevant international agreements, especially the Agreement on Trade Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity. The property rights regimes set up in the different international instruments do not necessarily culminate in a coherent whole. While a trend towards the privatisation of plant genetic resources is evident and notable, continuous upholding of the sovereign rights of states over their natural resources is also present. In particular, this work will investigate the question of whether intellectual property rights support or undermine the objectives of the Convention on Biological Diversity. Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights provides for the mandatory patenting of micro-organisms and microbiological processes. This provision has, however, been the source of much controversy and was inserted under the proviso that it be reviewed four years after the coming into force of the Agreement (i.e. 1999). To date, such review has not occurred. Accordingly, it will be argued that the obligation to implement the Agreement on Trade Related Aspects of Intellectual Property Rights in African Member States should be suspended pending the outcome of the review. This work will critically consider the effects that the introduction of patents over plant varieties are likely to have in Africa, focusing on the fulfilment of basic food needs for all individuals and the sustainable management of biological resources in African countries. It will be argued that African states should take advantage of the possibility of devising a property rights system adapted to their needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders' rights. / Thesis (LL.M.)-University of Natal, Durban, 2003.

When one purchases an item, whether it is food, appliance, pharmaceutical, or automotive related, one has certain expectations concerning the item. When these expectations are not met, one seeks certain recourse against the manufacturer concerned. Imagine the consumer's confusion when he is told by the manufacturer that they are not responsible for the expectations not being met as the item was not made by them but instead is a "grey' or counterfeit product. The average consumer is not aware that South Africa, as well as most other countries around the world has a major problem regarding "grey" or counterfeit product entering the market. This practice is an infringement of the intellectual property rights of the copyright owner. It is illegal, and like all illegal activities there is no control regarding quality, so the consumer is not aware of the risks faced in purchasing from such sources. This dissertation seeks to answer the key research question which is: How do the levels of Intellectual property right protection in South Africa compare to other developing nations with particular reference to the replacement parts market. And how can these levels of protection be improved. This will be done by explaining what intellectual property rights are, what they mean, and why they should be protected. I also discuss some arguments for and against the protection of intellectual property rights. I will discuss some of the organizations that protect intellectual property rights, as well as some of the implications of the lack of protection. The key research question in this dissertation is how the level of intellectual property right protection in South Africa compares to other developing nations. In order to help answering this key question, I will discuss six basic questions: 1. Is pressure being exerted by developed nations in order to improve levels of intellectual property right protection? 2. What are the general levels of intellectual property law enforcement? 3. What resources are available for enforcement of intellectual property rights? 4. How do the people perceive intellectual property crime? 5. How "user friendly" is the intellectual property rights protection system? 6. What are the levels of involvement of organized crime in intellectual property rights infringements? In closing I will provide some recommendations as to how South Africa could easily and economically move away from being seen as a developing nation from an intellectual property perspective, to being seen as a first world country. / Thesis (MBA)-University of KwaZulu-Natal, 2005.

Thesis submitted in fulfillment for the requirements of the Degree of Master of Technology: Business Administration, Durban University of Technology, 2012. / The purpose of this study was to investigate the low rate of registration of IP rights such as patents, trademark and design rights at the DUT, through a survey conducted with the academic research staff. Managing IP at a University of Technology today has new dimensions with the implementation of the IP Act 51 of 2008. Stimulation of the development and commercialization of technology within South Africa may benefit the country and its citizens. The knowledge economy indicates that research, development and innovation are fundamental prerequisites for achieving and maintaining competitiveness and sustained growth. The researcher undertook to explore reasons for low IP registration as a means to increase such activity at the DUT. This study adopted both the qualitative and quantitative methodologies with questionnaires distributed to full-time academic staff in selected departments. Factors that contributed to the gap between academic research and intellectual property registration were examined. This study investigates activities relating to patent registration, as well as the academic performance of researchers at DUT. The literature reviewed indicated that factors affecting low intellectual property right activities at the DUT may be a lack of awareness, implications of the ownership provisions, funding and an effective institutional arrangement for the management of intellectual property. This study identified strengths and weakness of DUT‟s IP management system. It is envisaged that the findings of the study will contribute to increasing IP registration at the DUT, in particular, and other UoT‟s in general. Low IP registration can be attributed to lack of understanding and awareness of the ownership provisions of the IP Act. The study highlighted lessons to be learned from universities in other countries and how the DUT‟s system can grow into an efficient and effective means of promoting national innovation and economic growth. In an increasingly global world, the ability to invent, design and manufacture goods and services that people want is more vital to our future prosperity than ever.

Magister Legum - LLM / This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws. / South Africa

Thesis (LLM)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is likely that copyright disputes with regard to the Internet will evolve here soon. In this dissertation, the "world" of the Internet and its lawfulness with regard to existing South African copyright law will be examined. The examination tries to establish whether South African copyright law is able to cope with the present Internet problems and whether it leads to reasonable results. The first chapter of this dissertation will give an overview of the basic principles of the Internet, including the history, development and function of the Internet. Furthermore the changing aspects by means of diqital technology will be discussed. Because the global character of the Internet lead to "international" infringements, governments are considering the prospect of reaching international accord on the protection of intellectual property in the digital era. In chapter two, the present international harmonisation of copyright law will be introduced. Especially the quick adoption of the World Intellectual Property Organisation Treaties in December 1996 demonstrated that an international realisation for a call for action is existing. In chapter three, the application of South African copyright law with regard to the Internet will be discussed. First, it will be examined if a digital work on the Internet is protected in the same way as a "traditional" work. Second, the various rights of the copyright holder are discussed in connection with the use of a work on the Internet. Third, the potential application of the exclusive rights of the copyright holder to various actions on the Internet, such as caching, Web linking and operating an online service will be discussed. The Internet is a worldwide entity, and, as such, copyright infringement on this system is an international problem. The scenario of global, simultaneous exploitation of works on the Internet conflicts sharply with the current system of international copyright protection, which is firmly based on national copyright laws with territorial effects. Section four provides therefore an overview of the applicable law on an international net and analyses the necessity and borders of protection. / AFRIKAANSE OPSOMMING: Nasionale en internasionale wetgewing fokus in In toenemende mate op die Internet. Die versnelde groei van die Internet, sy wêreldkarakter, sy nuwe tegnologiese aanwendings en sy private en kommersiële gebruik deur miljoene mense maak beheer oor In werk baie gekompliseerd en skep veral outeursregprobleme regoor die wêreld. Wetgewing soos dit tans is, word dus uitgedaag om die leemtes in die reg te ondervang. Gegewe die vinnige groei van gekoppelde verskaffers en gebruikers in Suid-Afrika, is dit waarskynlik dat - outeursreggeskille met betrekking tot die Internet binnekort ook hier gaan ontwikkel. In hierdie verhandeling gaan die "wêreld" van die Internet en sy wettigheid onder bestaande Suid-Afrikaanse outeursregwetgewing ondersoek word. In die ondersoek word gepoog om vas te stelof Suid-Afrikaanse outeursregwetgewing geskik is om die Internetprobieme wat tans bestaan te hanteer en of dit lei tot aanvaarbare resultate. Die eerste hoofstuk van die verhandeling sal In oorsig gee van die basiese beginsels van die Internet, insluitende die geskiedenis, ontwikkeling en funksie van die Internet. Verder sal die veranderende aspekte as gevolg van digitale tegnologie bespreek word. Die wêreldkarakter van die Internet gee aanleiding tot "internasionale" inbreukmakings en om hierdie rede oorweeg regerings die moontlikheid van internasionale ooreenkomste oor die beskerming van intellektuele eiendom in die digitale era. In hoofstuk twee word die bestaande internasionale harmonisering van outeursreg bespreek. Veral die vinnige aanname van die World Intellectual Property Organisation se verdrae in Desember 1996, illustreer dat daar In internasionale bewustheid is dat iets in die verband gedoen moet word. In die derde hoofstuk word die aanwending van die Suid-Afrikaanse outeursreg met betrekking tot die Internet bespreek. Eerstens word ondersoek of a digitale werk op die Internet op dieselfde wyse as 'n "tradisionele" werk beskerm kan word. Tweedens word die verskillende regte van die outeursreghebbende in verband met die gebruik van 'n werk op die Internet, bespreek. Derdens word die potensiële aanwending van die eksklusiewe regte van die outeursreghebbende op verskillende aksies op die Internet, soos byvoorbeeld kasberging, web koppeling en die werking van 'n gekoppelde diens, bespreek. Die Internet is 'n wêreldwye verskynsel en sodanig is outeursreginbreukmaking op hierdie stelsel 'n internasionale probleem. Die scenario van 'n wêreldwye, gelyktydige uitbuiting van werke op die Internet is in skerp konflik met die huidige stelsel van internasionale outeursregbeskerming wat stewig gegrond is op nasionale wetgewing met territoriale werking. Hoofstuk vier bied daarom 'n oorsig oor die toepaslike reg op 'n internasionale netwerk en analiseer die nodigheid en ook grense van beskerming.

<p>This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.</p>

<p>This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.</p>

Thesis (M.Tech.: Library and Information Studies)-Durban University of Technology, 2006. xii, 210 leaves. / This study was aimed at investigating the digital scanning of photographs in archival collections with a view to highlighting some of the key issues in the provision of a digital imaging service.