Dean & Dyer, Introduction to Intellectual Property Law


Book Description

Authored as a collaboration between Spoor & Fisher and the Anton Mostert Chair of Intellectual Property at Stellenbosch University, Dean and Dyer's Digest of Intellectual Property Law presents a substantial, engaging and applied first course in intellectual property law. The text provides a thorough and accessible introduction to the broad spectrum of intellectual property law in South Africa, including intellectual property in the digital environment. The text brings the value of practical expertise together with an enquiring, analytical and critical approach, resulting in a dynamic and indispensable reference. The text offers a clear pedagogical structure, which supports learning and develops independent, critical and reflective engagement with the subject matter. Ancillary materials are available to support teaching and learning. Dean and Dyer's Digest of Intellectual Property Law is suited as core course material for students who are studying intellectual property law as a module of the LLB degree, or at postgraduate level. It is also a useful resource for legal practitioners who may wish to clarify new or foundational principles of the field.




Security Rights in Intellectual Property


Book Description

This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.




Intellectual Property Rights in Times of Crisis


Book Description

The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.




Art and Law - a Comprehensive Guide to South African Art Law


Book Description

This handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa. In four 'phases', it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples. The contents were prepared by students of the Art Law Clinic Stellenbosch and revised by the editors mentioned below.




Lion's Share


Book Description

In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion’s Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda’s song "Mbube" for its hit “The Lion Sleeps Tonight” from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.




The Right to Equitable Remuneration in South African Copyright Law


Book Description

The planned copyright reform is intended to implement a right to equitable remuneration for authors in the South African Copyright Act. This dissertation examines the claim from a legal policy perspective. After an introduction to the basics of the South African mixed-legal system, the foundations of contract and copyright law are examined. This is followed by an analysis of the current remuneration practice with collecting societies and international legislation. Against this background, the work ends with theses on the effectiveness of the newly introduced right to equitable remuneration.




Music Making Community


Book Description

Making music offers enormous possibilities--and faces significant limitations--in its power to generate belonging and advance social justice. Tony Perman and Stefan Fiol edit essays focused on the forms of interplay between music-making and community-making as mutually creative processes. Contributors in the first section look at cases where music arrived in settings with little or no sense of community and formed social bonds that lasted beyond its departure. In the sections that follow, the essayists turn to stable communities that used musical forms to address social needs and both forged new social groups and, in some cases, splintered established communities. By centering the value of difference in productive feedback dynamics of music and community while asserting the need for mutual moral indebtedness, they foreground music’s potential to transform community for the better. Contributors: Stephen Blum, Joanna Bosse, Sylvia Bruinders, Donna A. Buchanan, Rick Deja, Veit Erlmann, Stefan Fiol, Eduardo Herrera, David A. McDonald, Tony Perman, Thomas Solomon, and Ioannis Tsekouras




Introduction to the Law of Property


Book Description




Gowers Review of Intellectual Property


Book Description

This report examines the importance of intellectual property (IP), ranging from patents, copyright, design and trade marks, and whether in the age of globalization, digitization and increasing economic specialization it still creates incentives for innovation, without unduly limiting access to consumers and stifling further innovation. The report does recommend a radical overhaul of the system, with the review concentrating on three areas, and setting out the following recommendations: (i) strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; (ii) reducing costs of registering and litigating IP rights for businesses large and small; (iii) improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.




A Philosophy of Intellectual Property


Book Description

Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.