Copyright, Trademarks and Patents

Introduction

The copyright laws was of four formerly-independent provinces proceeding for the unchanged, this was happening after the process of the Union of South Africa in 1910. The Patent, Design, Trade Marks and Copyright Act was enacted by the Parliament in 1916. So this annul the provincial laws and incorporated the British Imperial (Copyright Act 1911) this is for the South African law. South Africa became part of the unit of Berne Convention in there way of right in 1928. In 1961 South Africa became in the form of government. The parliament established their own copyright law and then was separated from the United Kingdom of the Copyright Act 1965. As this was a British Copyright Act 1956 that was largely based. Then it was changed by the Copyright Act 1978 and that remained force. British law and the text of Berne Convention was from the 1978 Act. It was improved and got the attention in 1992 because of the maker of computer programs of the protection of the work. This was then brought into the line with TRIPS agreements in 1997.

Copyright

The law of South Africa is the right of control in the use of the act of manner of artistic and creative works. This is the Copyright Act 1978. The different kind of an addition to the act and manage of the Company and Intellectual Property Commission in the Department of industries. The party of South Africa had the TRIPS Agreement with Berne Convention. The agreement was not given as a formal approval. The Copyright term in South Africa for the literacy, music, art work, and the photographs, is 50 years from when the creation was published or with in the not the publishing of 50 years. When work was given as Anonymous is covered from the 50 years it is published and then also of it was reasonable take when it assume the death of the author.

The qualification of copyright protection

The way that copyright developed was to a significant extent, explaining the works copyright protection. When the original work was been qualified saying it is the persons work is to make it qualified by the copyright protection. When it is talked about the work is original is when the work is design by through the work of the author all the creativity and the labour. To be referred to be a representative of South Africa of the Berne Convention country. This is part of the (No. 98 of 1978).

What is the length of copyright terms lasts of the South African Copyright Act.?

It depends on the type of work that is designed and in the copyright term it is 50 years. The artist work that have the existing copyright of the life, when the end of the time when the author dies there will be a 50 years’ time from the first time it is published. The transformation of copyright is much like the properties of the copyright that is transferred by the assignment with the testamentary disposition with the law. There is a license for the copyright policy. The exclusive license that exclude anything else and that includes the author for the creation that is used. There must be a writing and been signed to be valid.

Trademarks

The Act in 1993 of the trademarks of the South African government of trademarks in a system that is registration. The descriptions with the Distinctive signs that is having the ability of the graphical representation of the legal trademarks. The following of the International Classification is of the service of the 42 classes. If you do not stay in South Africa you will need a lawyer to provide the application for you. People have to register through a lawyer for a trademark. The fee for a registration for a trademark is R590.00 for the class of the service that is given. The money will not be given back if the application is declined. If you do not stay in South Africa for the time of 5 years someone else has the right to remove the registration of the trademark. A trademark can be used by some other people on the service that it is registered. In the term and conditions as it is approved with a payable fee. Trademarks can be sold by the person that own the property. The registration is changed to ownership and the conditions is changed. The registration should be payable with a fee that is noticeable. A name of a company can be used for a trademark with the identical registration on the register.

Patent

The patent in South Africa is the system of Government by the Act (1978). It is the protection that affords of the patents for the inventions with the process. In South Africa the patent when the it is in the state of being away in the way that it is in the quality of being new and the protection that is declined in the noticeable invention. There should be a completed specification that is first filled in certain time and then established within the application accompanied specifications that is provisional. The term of a patent is 20 years from the date that the completing of the specification filled. Every year a patents should be renewed and from the 4th following date.

Copyright in an Existing case

There was five plaintiffs with the issues against the defendant in the South Gauteng High court, they state to be such that they were the owners of copyright works consisting of musical and relating work that was known as a musical “ Umoja”. They stated further that the defendant had violate the copyright of performing that whole part of “Umoja” they made recording of the films and then broadcasted it. This was the provisions of the Act 98 of 1978 Copyright. That is the cause of an argument part case that is based on provisions. The claim that relates to that the defendant also had a pledge act of breaking the law in a numerous amount of countries. The importance that is compared with the break of law that plaintiff that is depended on the Copyright Act on the countries individual. This was taken places in 2011 in South Africa. The act of accepting the raise of the defendants the question of the jurisdiction in a directive way. In the way that there was breaking of law that it is stated in process of the copyright institution of the local court founded in the Act of Copyright and as the plaintiff attempt to apply the legislation if the copyright that is relevant of the foreign states.

Trademarks in an Existing case

The case number: 39872/2013. In the High Court of South Africa (Gauteng Division, Pretoria) the respondent was a corporation existing under the laws of Japan made application with their trademarks 2009/207770-1 in classes 5 and 32, in terms of the provisions of section 10(12) and 10(14) of the trademarks act. 194 of 93 (the Act). The respondent business was founded in Japan and was producing, developing and manufacture of pharmaceutical and health related products and to commercialize. The respondent’s trademark device is used in numerous countries worldwide. This was referred to the High Court by the registrar of trademarks in terms of the provisions in section 95(2) of the Act. The Applicant is an American Company how also provide natural products, that is based form aleo vera and other natural elements, with also promote wellness and vitality and health.

These products include nutritional and weight-management products, beauty product and health rings. The Applicant products are marketed on a device that depicts an eagle. The distributor in South Africa, inclusive of those products marketed under the applicants registered trade mark is Forever Living Products South Africa (Pty) Ltd- South African Company. The applications that was advertised with the position is the reason in the Patent Journal on 24 November 2010, the Respondent trade mark. Both the applicant and the respondent has an eagle trademark with different designs. Confusion and deception is present when there is a probability that the substantial number of persons is deceived into thinking that the products are of the same material and connection between the two products. In this case it was proven that the two trademarks different distinctive and dominant component s and could not give conclusion that a reasonable deception or confusion exist (it follows that the application must fail). The application was dismissed. All costs was ordered to be paid by the applicant.

Patent in an Existing case

Court case between 3MFuture Africa and MTN Mobile Money. The Company 3MFuture lodged a case against MTN Mobile Money and Standards Bank for the infringement on its card security technology patent. MTN and Standard Bank had used the same “on/off” functionality to disable cards as an authorisation system to their clients. The court found that 3MFuture had the right on the patent long before MTN and Standard Bank using the same technology. The court case took longer than the expected two weeks. 3M’s budget for the case was not counted for. The ruling in 3Future Africa Company has won the case on merit and have since just grown with intellectual property rights. The request in against a judgment of Sapire AJ that is in the Commissioner of Patents in court of the Commissioner of Patents of Republic of South Africa. The person that applies in the higher court for the person lower was the order of security for the cost of R 100000. The Plagiarism that affect the design world. As a designer for example graphic designers use images to make their product or illustration look better for the sets of principles and the branding.

The examples would be like web-designers and logo designers. When a designer design something from another designers without permission the person is plagiarising. When the product or design have a copyright sign on it then you may copy it but still make it your own by changing the concepts. Then when a designers copy a other designers work he should use the work of the designer as inspiration. There is also when a working colleague bounce of ideas form a co-worker and when the employee share the idea with another employee and the employee takes the ideas and explain and present it as his own work is qualified as plagiarising. When you not referencing the work that you researched from the internet and not change it in your own words that is plagiarising because it is someone else words that is just copied and transformed as their own. There is also of plagiarising happening in the designer’s world. Another example of a graphic designer is when there is a Blog designed there should be a permission written to publish articles from a different blog. When companies use other websites content to post content that is matching or having the same feel is plagiarism.

The protection of product of designers

When your design is registered you have all the rights on the design being an owners of your product. The time of the registration of a product is 25 years that is paid with a renewal fee with every 5 years. The protection of a design that you wanted to protect too should then be a registered design that will be suitable. This product or design can be sold or licenced when the product is registered. The product can be sold of licensed when it is registered as a design. It would be better to have a protection so let people not copy your product as the existence of the product registration that act is then able to intent to a deter.

Process of protection intellectual property

The Intellectual property is having the rights of the legal identified with the exclusive of the creation of the mind. There are exclusive right under the intellectual property of law as an owner. The types of intellectual property is having the rights that is part of the context is copyright, trademarks, patents, industrial design rights, trade dress and the jurisdiction of the trade secret. The legal principles of the governing intellectual property that has evolved right over centuries. The term of the intellectual property was since 19th century and then been used until late 20th century.

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