The #SandtonDiscussion will start as usual at 9am on twitter. See you there!
Links to random selected commentary thusfar:
|Source: 3D Street Art Advertising|
|Example: reproducing street art within the exceptions |
(pic courtesy of ENCA)
|Workshop on Internet Rights, Cultural Development and Balancing |
Features in South African Copyright Reform. Photo credit: Theresa Hume
"in accordance with Article 5(2)(d) of the Madrid Protocol (1989), under Article 5(2)(d) of the Protocol, the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(d) thereof is replaced by 18 months and under Article 5(2)(d) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit".The Madrid Protocol will enter into force with respect to Algeria on 31 October 2015.
|"Whiskyhogmanay2010" by Guinnog|
ICANN to Resume Evaluation of DotConnectAfrica Trust Application for .AFRICA
The Internet Corporation for Assigned Names and Numbers (ICANN) announced in a press release that it will resume evaluation of DotConnectAfrica Trust's (DCA's) application for the .AFRICA new generic top-level domain.
ICANN's Board of Directors convened a special meeting on 16 July 2015 to quickly address an independent review panel's declaration that held in favor of DotConnectAfrica Trust regarding certain claims about its .AFRICA top-level domain application. During the meeting, the Board resolved to:
• Continue to refrain from delegating the .AFRICA gTLD.
• Permit DCA's application to proceed through the remainder of the new gTLD application process.
Background to the DotConnectAfrica application and the objections raised in respect of it can be found on Wikipedia here. This blogger, who is not based in Africa, senses that there have been political issues at stake as well as those relating to compliance with ICANN requirements.• Reimburse DCA for certain costs related to the independent review process.As such, the Board has directed staff to take all steps necessary to resume the evaluation of DCA's application for .AFRICA and to ensure that such evaluation proceeds in accordance with the established process(es) as quickly as possible.
Dr. Crocker further noted, "Our commitment to ICANN's African stakeholders remains strong. As this advances to final resolution, we will assist in moving this process forward as rapidly as possible and provide all parties with the certainties they are looking for and deserve."
The next step in the process for DCA is to complete Initial Evaluation, a phase of the New gTLD Program in which multiple independent panels, including a panel dedicated to geographic names, review an application to ensure it meets the requirements in the Applicant Guidebook.
With respect to the Governmental Advisory Committee's (GAC's) consensus advice in the Beijing Communiqué that DCA's application for .AFRICA should not proceed, the Board will ask the GAC if it wishes to refine that advice and/or provide the board with further information regarding that advice and/or otherwise address the concerns raised in the Declaration.
A dispute has emerged in the interpretation of a section of the Copyright Act dealing with collection of music royalties. Musicians Elijah Wainaina Mira, Francis Jumba and Carolyne Wanjiru Ndiba have filed a case alongside two other companies seeking an interpretation of Section 30A of the Copyright Act [The linked text doesn't have a Section 30A. Might it be 30(1)(a)?].If you know anything about this case and/or its outcome, do let us know!
The two companies, Xpedia Management Ltd and Liberty Afrika Technologies Ltd, are engaged in promoting and distribution of various musical and artistic works through digital platforms. They have sued the Kenya Copyright Board (KECOBO), Kenya Association of Music Producers (KAMP), Performers Rights Society of Kenya (PRSK) and Music Copyright Society of Kenya (MCSK).
The petitioners claim that section 30A of the Copyright Act states that the defendants, who are Collective Management Organisations (CMOs), are the only persons who can collect payment on behalf of owners of copyrights of performing and producing rights.
"The provision to that extent takes away rights of the petitioner and other copyright holders to collect payments from users of their works," explained lawyer Kiingati Ndirangu representing the petitioners.
The CMOs collect and retain remuneration on behalf of copyright holders but do not remit cash of non-members. The lawyer said a copyright holder, who is not a member of any of the CMOs risks losing revenue collected on their behalf. He further said Section 30A (1) creates confusion on who will collect and distribute revenue collected by the CMOs that is supposed to be shared equally between a producer and performer.
KAMP, PRISK and MCSK have relied on Section 30A to demand and collect royalties from users when the provision only allows them to collect a single equitable remedy. He added that the copyrights board has also failed to give any directions with regard to collection of the remuneration and distribution of the payments.
"The result of lack of a fair and reasonable administrative action has resulted in confusion, overpayments by users and lack of clear mode of sharing and distribution," explained lawyer Ndirangu.
The case will be heard Friday [that's the end of this week].
For #startups the place of effective management is important for tax purposes #SandtonDiscussion @ashlinperumall @afroip @john_moshe— Reinhardt Biermann (@Reinhrdt) July 20, 2015
#sandtondiscussion @IanLearmonthZA if no protectable IP interest, build a brand - first to market advantage— Lita Qamata (@LQamata) July 20, 2015
@ashlinperumall: @afroip injunctive relief important for NDA's. Halting disclosure often most critical protection. #sandtondiscussion— Ashlin (@ashlinperumall) July 20, 2015
Ready to kick off! IP considerations for entrepreneurs #sandtondiscussion— john ndlovu (@john_moshe) July 20, 2015
|Fairhaven Country Estate- source|
Did a search yesterday for Zulu translation of an earlier #trademark #sandtondiscussion today should be interesting http://t.co/N0rE1y25lU— Salomé Hanli Le Roux (@salome_leroux) July 14, 2015
#sandtondiscussion - blast from the past- translations & TMs in SA. Afro-IP: Chameleon controversy http://t.co/mt02XKH9tE— Caroline B Ncube (@caro_ncube) July 13, 2015
The confusion occurring in this case is reverse confusion. Likelihood of confusion that Mr Zhou's products are NB's. #sandtondiscussion— Afro-IP (@afroip) July 13, 2015
@afroip TM filing strategy should mimic what customers do with brand in the country of interest #sandtondiscussion— Lita Qamata (@LQamata) July 13, 2015