South Africa: Intellectual Property

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

Intellectual property is a key factor in what sets a business apart from its competitors. As such, the protection and enforcement of intellectual property rights are essential to preserving the value of those assets.

African textiles like Ankara, Kente, and Shweshwe carry profound cultural meanings that extend far beyond aesthetic appeal, yet intellectual property law struggles to protect these traditional expressions when fashion brands...

FIFA's commercial framework requires host venues to conceal non-sponsor branding during the World Cup, leading Levi's Stadium to be temporarily rebranded. When Levi's iconic batwing logo was covered with a white sheet, the company transformed this restriction into a powerful marketing moment that demonstrated the true strength of brand recognition and the difference between a trademark and a brand.

A South African High Court ruling has revoked 16 registered designs for arched deck boards, finding that pre-registration commercial disclosures destroyed their novelty.

With just weeks to the beginning of the World Cup, that will be jointly hosted by the United States, Canada, and Mexico, the world will be focusing on the pitch. However, almost everything that makes this multibillion-dollar business remains invisible to people.

Some debates appear to be new, yet from an intellectual property perspective, they follow a familiar pattern. Whenever a pharmaceutical breakthrough fundamentally changes the treatment of a widespread disease, the same question inevitably arises: how should the law balance the protection of innovation against the need to ensure access to essential medicines?

Intellectual property is a key factor in what sets a business apart from its competitors. As such, the protection and enforcement of intellectual property rights are essential to preserving the value of those assets.

Ozempic was onlangs saam met BBL en ander politiese eienaardighede in die nuus. Ozempic se eienaar, Novo Nordik en iDexis, ‘n vervaardiger van generiese middels...

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c

AI tools represent a significant opportunity to protect, manage, and create value in know-how which traditionally has not been recorded in meetings. However, such use also raises serious concerns...