Browsing by Subject "Intellectual property"

Now showing 1 - 3 of 3
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    Open Access
    Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation.
    (2013) Agan, William; Tong, Lee-ann
    Intellectual Property today as internationally recognised covers patents, industrial designs, copyright, trademarks, know-how and confidential information. 1 The current available modes for protecting Intellectual Property (IP) in the Republic of South Africa (RSA) are Patents, Trade Secrets, Copyrights, Trademarks and Industrial Design. Common law remedies are also available to parties whose rights have been infringed. The legislations governing these Intellectual Property (IP) regimes were passed at different periods, some before South Africa became a republic in 1963 and others thereafter, while others were passed after the abolition of apartheid in 1990. For those legislations passed before the Trade Related Aspects of Intellectual Prope1iy Rights (TRIPs) in 1994, the RSA had to amend or repeal and enact laws which are TRIPs compatible. However, an area of IP for Indigenous people, also known as Traditional Knowledge (TK), has not been adequately protected due to complexities which cannot be accommodated by an international IP regime. This has led to poor or inadequate commercialisation of TK. TK is also not provided for by TRIPs, thus relegating it further. The scope of this paper is limited to commercialisation of TK. However, it must be appreciated that _ commercialisation cannot take place in a vacuum. Thus protection of TK is a prerequisite to its commercialisation.
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    Open Access
    Intellectual property, innovation and trade: strategies for the actualisation of agenda 2063 of the African Union
    (2025) Maiga, Philda; Ncube, Caroline
    This thesis investigates the role of intellectual property, innovation, and trade in achieving the agriculture-related goals of Agenda 2063, a strategic framework for Africa's development. The central research question is: How can intellectual property, innovation, and trade be leveraged to actualise the agriculture-related goals of Agenda 2063, and what legal and policy mixes are necessary to achieve these goals? Employing doctrinal analysis, the research establishes agriculture as a key stimulus for Agenda 2063, given its substantial contribution to the Gross Domestic Product of many African economies. Despite its importance, the sector faces persistent challenges including climate change, limited technological capacity, and low adoption of advanced agricultural technologies—factors that hinder productivity and necessitate urgent reform measures. Recognising intellectual property, innovation, and trade as key enablers of development, the thesis links these elements to the realisation of the agriculture-related goals of Agenda 2063. It explores the legal and policy frameworks essential for transforming the sector, with emphasis on intellectual property laws related to agricultural technologies, particularly patents and plant breeders' rights. Innovation and trade are discussed in relation to their interdependency, acknowledging that intellectual property solutions alone are insufficient to achieve holistic results. Findings show that while intellectual property rights have the potential to facilitate the materialisation of Agenda 2063 goals, many African countries face challenges that undermine their effectiveness in promoting agricultural development. Most intellectual property laws strictly comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and impose rigid standards, often neglecting the flexibilities that could enhance agricultural productivity. The thesis calls for a pro-development, TRIPS-compliant intellectual property framework that deliberately utilises TRIPS flexibilities, plant breeders' rights, and utility models, alongside supportive policy interventions and greater investment in research and development. The thesis provides policymakers and stakeholders practical recommendations for developing a bespoke, pro-development, TRIPS-compliant intellectual property framework to serve as a principal guide for intellectual property strategies that can support advancements in agriculture and other sectors.
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    Some tax implications of traditional knowledge under conventional Intellectual Property
    (2010) Gutuza, Tracy Lee
    The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act,1 the Trade Marks Act2 and the Designs Act3 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge.