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Burrells South African Patent and Design Law

This work is indisputably the leading textbook on patent legislation in South Africa.

Publication Language: English
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ISBN/ISSN: 9780409126747

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This work is indisputably the leading textbook on patent legislation in South Africa.

The publication has been indispensable to patent attorneys, agents and students. Burrell's South African Patent and Design Law provides a critical account of South African patent law and discusses the practical and legal.

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Table of contents

The South African Patent System

Introduction

Legislative developments

The intrinsic characteristics of patentable inventions

The Application

Introduction

Requirements for an application

Procedure on application

The Patent Office and the court in general

The Grant

General

Patents of addition

Lapsed patents

The state

The Grounds of Revocation

Introduction

Applicant not entitled

Patent in fraud of rights

Not an invention

Obviousness

Inutility

Insufficiency

Uncertainty of claiming

Best method not disclosed

Material misrepresentation

Non-convention disconformity

Convention disconformity

Lack of novelty

Invention frivolous, illegal, immoral or a mere mixture

Microbiological requirements not met

Infringement

General

Acts of infringement

Paragraph

The determination of infringement

Defences in infringement actions

Title to and Interest in a Patent

Registration of title or interest

Change of ownership

Rights of joint owners

Disputes as to rights to inventions, patent applications

and patents

Licences

Licences of right

Restrictive conditions in contracts

Compulsory licences

Legal Proceedings

Introduction

Procedure on application

Procedure on action

Procedure on opposition

Procedure in general

Procedure on appeal from the Commissioner of Patents

Corrections and Amendments

Corrections of clerical errors

Amendments of documents

Amendments of PCT applications

Amendments of specifications before publication of acceptance

Amendments of specifications after publication of acceptance

Amendments of specifications in pending legal proceedings

Discretionary powers of the Registrar and of the Commissioner as to the allowability of amendments

Effect of allowance or amendments

The South African Design Registration System

Introduction

Legislative developments

The characteristics of registrable designs

Application for a design registration

The grant

The grounds of revocation

Infringement

Title to and interest in a registration

Legal proceedings

Corrections, amendments and rectification

General

Appendices

Patents Act No. 57 of 1978

The Patent Regulations, 1978

The repealed Patents Act No. 37 of 1952

The repealed Patents Act No. 37 of 1952 and the current Patents Act No 57 of 1978 - comparative section numbers

Designs Act No. 195 of 1993

The Design Regulations, 1999

Designs Act No. 57 of 1967

The repealed Designs Act No. 57 of 1967 and the current Designs Act No. 195 of 1993 - comparative section numbers

The current Designs Act No. 195 of 1993 and the current Patents Act No. 57 of 1978 - comparative section numbers

Nuclear Energy Act No. 131 of 1993 - selected sections

Paris Convention for the Protection of Industrial Property

Schedule of Convention Countries

Patent Cooperation Treaty (PCT)

Regulations under the PCT

Schedule of PCT Contracting States and two letter codes

Illustrative Flow Diagrams of the Working of the PCT

Budapest Treaty on the International Recognition of the Deposit of Micro-Organisms for the Purposes of Patent Procedure

Regulations under the Budapest Treaty

Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)

Schedule of Signatories to the TRIPS Agreement

Agreement on the Creation of the African Regional Industrial Property Organisation (ARIPO)

Protocol on Patents and Industrial Designs within the Framework of the ARIPO

Regulations for Implenting the Protocol on Patents and Industrial Designs within the Framework of the ARIPO

South African Law Reports and Burrell's Patent Law Reports/Burrell's Intellectual Property Law Reports: Cross-references

Patent Examination Regulations

Proposed section 30A of the Patents Act No. 57 of 1978