Burrells South African Patent and Design Law
This work is indisputably the leading textbook on patent law in South Africa.
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Product description
This work is indisputably the leading textbook on patent law 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 both the practical and legal aspects.
Available in print, ebook and online format. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
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
