Browsing PER: Potchefstroom Electronic Law Journal by Subject "Intellectual property"
Now showing items 1-8 of 8
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Data commercialisation in the South African Health Care Context
(PER/PELJ, 2021)Realisation of the value and the commercialisation potential of data is gaining exponential momentum. The combination of historical data exploitations and the use of technologies that allow for the triangulation of data ... -
Discovering the value of liberty in intellectual property adjudication: a methodological critique of the reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ)
(PER/PELJ, 2021)This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 ... -
Enhancing the value of patents as corporate assets in South Africa : how can artificial intelligence (AI) assist?
(PER/PELJ, 2021)Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. ... -
Harnessing intellectual property for development: some thoughts on an appropriate theoretical framework
(2013)This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP ... -
Property rights and traditional knowledge
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)For the past several decades, there has been a push to provide some sort of right akin to an intellectual property right in traditional knowledge and traditional cultural expression. This push has encountered staunch ... -
Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity
(PER/PELJ, 2021)In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the ... -
Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that ... -
What intellectual property lawyers can learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola cry-baby": Dealing with "trademark bullying" in South Africa
(2013)This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is ...