Spelling suggestions: "subject:"trademark law""
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The regulation of domain name disputes in South AfricaNyachowe, Pasno N January 2003 (has links)
This treatise provides an overview of the procedures for the registration, regulation and protection of Internet domain names. An analysis of legal rules applicable to domain names and problems related to the protection of domain names in South Africa, United State, United Kingdom and internationally is undertaken. The problems includes cybersquatting, misuse of personal names, reverse domain hijacking, misuse of meta tags and keywords. The treatise established possible solutions applicable to South Africa by investigating how other countries have dealt with such problems, and further investigated the extent to which South African legislation is suited to deal with such problems. An investigation of the regulation in terms of the Electronic Communications and Transactions Act 25 of 2002 is briefly attempted, and proposals for the future on the South African domain name system suggested.
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The relevance of prior use in trade mark conflictsAlberts, Riaan Willem 31 May 2005 (has links)
This thesis investigates the role of prior use in common and statutory trade mark law. In the United States a pertinent requirement is priority of use. In the United Kingdom and South Africa, a reputation must be present. In the United Kingdom a plaintiff is required to have goodwill in the country, but in the United States and South Africa it is not required.
The conception of a mark does not qualify for protection. It is not required that a business must have actually entered the market. In the United States the general approach is that a plaintiff will not receive protection in a remote area, but regard must be had to zones of natural expansion. British and South African law is the same, and protection may be obtained in areas where there is no trading. Where a dual reputation exists, neither party will be able to act against the other. The mere fact that the user of a mark was aware of the use thereof by another person, does not exclude protection.
A trade mark application can be opposed on the basis of another application, combined with use of a mark, or on the ground of prior use. In some instances the fact that a mark has been filed will influence the burden of proof. In general, a registration can be expunged on the same grounds as would constitute grounds of opposition.
The concurrent use of a mark can form the basis for the registration of a mark. In the United States, the use must have taken place prior to the filing date of the other party, but in the United Kingdom and South Africa, prior to the own filing date. In the latter two countries, knowledge of a mark is not necessarily exclusionary.
Prior use is generally accepted as a defence to an infringement action. It is, however, noted that in various countries, it is only use prior to the relevant date that will be protected, and there is not necessarily a right to extend the scope of use concerned. / Mercantile Law / LL.D. (Mercantile Law)
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The relevance of prior use in trade mark conflictsAlberts, Riaan Willem 31 May 2005 (has links)
This thesis investigates the role of prior use in common and statutory trade mark law. In the United States a pertinent requirement is priority of use. In the United Kingdom and South Africa, a reputation must be present. In the United Kingdom a plaintiff is required to have goodwill in the country, but in the United States and South Africa it is not required.
The conception of a mark does not qualify for protection. It is not required that a business must have actually entered the market. In the United States the general approach is that a plaintiff will not receive protection in a remote area, but regard must be had to zones of natural expansion. British and South African law is the same, and protection may be obtained in areas where there is no trading. Where a dual reputation exists, neither party will be able to act against the other. The mere fact that the user of a mark was aware of the use thereof by another person, does not exclude protection.
A trade mark application can be opposed on the basis of another application, combined with use of a mark, or on the ground of prior use. In some instances the fact that a mark has been filed will influence the burden of proof. In general, a registration can be expunged on the same grounds as would constitute grounds of opposition.
The concurrent use of a mark can form the basis for the registration of a mark. In the United States, the use must have taken place prior to the filing date of the other party, but in the United Kingdom and South Africa, prior to the own filing date. In the latter two countries, knowledge of a mark is not necessarily exclusionary.
Prior use is generally accepted as a defence to an infringement action. It is, however, noted that in various countries, it is only use prior to the relevant date that will be protected, and there is not necessarily a right to extend the scope of use concerned. / Mercantile Law / LL.D. (Mercantile Law)
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Aspects of the nature and online resolution of domain-name disputesHurter, Eddie 08 1900 (has links)
The thesis analyses selected aspects of domain-name law, mainly from the perspective
of trade-mark law. It discusses the evolution of the domain-name system and how it
operates as background to a more detailed discussion of the theoretical classification
of domain names. The thesis then examines the interplay between trade marks and
domain names, and the resolution of domain-name disputes resulting from the inherent
tension between these two systems. The main principles of domain-name dispute
resolution are identified by way of an analysis of the panel decisions handed down in
terms of the international Uniform Dispute Resolution Policy (UDRP) and the South
African domain name dispute resolution regulations. This analysis always addresses,
too, the extent to which national trade-mark law principles (with reference to the laws
of South Africa, the United Kingdom, and the United States of America) apply, and the
extent to which this is appropriate. / Private Law / LL.D.
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Legal and policy aspects to consider when providing information security in the corporate environmentDagada, Rabelani 11 1900 (has links)
E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area. / School of Computing / D. Phil. (Information Systems)
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Legal and policy aspects to consider when providing information security in the corporate environmentDagada, Rabelani 11 1900 (has links)
E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area. / School of Computing / D. Phil. (Information Systems)
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Aspects of the nature and online resolution of domain-name disputesHurter, Eddie 08 1900 (has links)
The thesis analyses selected aspects of domain-name law, mainly from the perspective
of trade-mark law. It discusses the evolution of the domain-name system and how it
operates as background to a more detailed discussion of the theoretical classification
of domain names. The thesis then examines the interplay between trade marks and
domain names, and the resolution of domain-name disputes resulting from the inherent
tension between these two systems. The main principles of domain-name dispute
resolution are identified by way of an analysis of the panel decisions handed down in
terms of the international Uniform Dispute Resolution Policy (UDRP) and the South
African domain name dispute resolution regulations. This analysis always addresses,
too, the extent to which national trade-mark law principles (with reference to the laws
of South Africa, the United Kingdom, and the United States of America) apply, and the
extent to which this is appropriate. / Private Law / LL.D.
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