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An analysis of the intepretation and application of the Copyright Act at the Tshwane University of TechnologyStander, Melgeorg Jacobus. January 2008 (has links)
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.
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Intellectual property rights and biological diversity : an international legal analysis.Mneney, Edith. January 1999 (has links)
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.
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Intellectual property rights and plant variety protection in South Africa : an international perspective.Barron, Nadine Lianne. January 2003 (has links)
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.
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Intellectual property right protection in South Africa compared to other developing countries with particular reference to the replacement parts market.McCabe, Iain. January 2005 (has links)
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.
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Intellectual property management and protection : low intellectual property registration at universities : a case study of the Durban University of TechnologyBansi, Ramika 19 November 2012 (has links)
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.
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International and selected national law on bioprospecting and the protection of traditional knowledgeVetter, Henning January 2006 (has links)
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
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Copyright law and the Internet : in modern South African lawItal, Eric Guy 09 1900 (has links)
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.
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International and selected national law on bioprospecting and the protection of traditional knowledge.Vetter, Henning January 2006 (has links)
<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>
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International and selected national law on bioprospecting and the protection of traditional knowledge.Vetter, Henning January 2006 (has links)
<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>
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An investigation into the digital scanning of photographs in archival collectionsSomers, Nellayselviekumarie Subramany January 2006 (has links)
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.
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