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Law of intellectual property in South Africa

The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the

Publication Language: English

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ISBN/ISSN: 9780409118377
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R861.81
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ISBN/ISSN: 9780409122244
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Product description

The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally. This book makes a major contribution to the surveys of intellectual property that already exist.

 

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Table of contents

PART 1 - The right to attract custom and unlawful competition

CHAPTER 1 - Introduction

CHAPTER 2 - The right to attract custom

CHAPTER 3 - Common-law protection

CHAPTER 4 - Unlawfulness

CHAPTER 5 - Creating confusion and deception

CHAPTER 6 - Interference with a trader's enterprise or activities

CHAPTER 7 - Abuse of goodwill and deception of the public based on

CHAPTER 8 - Discrediting a trader's enterprise or activities

CHAPTER 9 - Misappropriation of confidential information

CHAPTER 10 - Defences against unlawful competition

PART 2 - The law of trade marks

CHAPTER 11 - Introduction

CHAPTER 12 - The nature of a trade mark

CHAPTER 13 - The requirements for registration of a trade mark

CHAPTER 14 - Registration of a trade mark

CHAPTER 15 - International arrangements

CHAPTER 16 - Administering and exploiting trade marks

CHAPTER 17 - Amendment and rectification of the trade-mark register

CHAPTER 18 - Trade-mark infringement and remedies

PART 3 - Copyright law

CHAPTER 19 - Introduction

CHAPTER 20 - Works eligible for copyright protection

CHAPTER 21 - Requirements for the subsistence of copyright

CHAPTER 22 - Authorship

CHAPTER 23 - The copyright owner

CHAPTER 24 - The duration of copyright

CHAPTER 25 - The nature and scope of copyright

CHAPTER 26 - The transfer of copyright and licensing

CHAPTER 27 - Infringement of copyright

CHAPTER 28 - Exceptions and limitations

CHAPTER 29 - Remedies for copyright Infringement

PART 4 - The law of registered designs

CHAPTER 30 - Introduction and historical perspective

CHAPTER 31 - The requirements for design protection

CHAPTER 32 - The procedure for obtaining design protection and the rights

CHAPTER 33 - International instruments

CHAPTER 34 - Design administration, devolution of rights, and employees

CHAPTER 35 - Revocation of the registration of a design

CHAPTER 36 - Design infringement, defences and remedies

PART 5 - The law of patents

CHAPTER 37 - Introduction

CHAPTER 38 - The requirements for the patentability of an alleged invention

CHAPTER 39 - Extrinsic requirements involving a comparison with previously

CHAPTER 40 - Extrinsic requirements involving implementation of an invention

CHAPTER 41 - Obtaining patent protection and the effect of a patent

CHAPTER 42 - The patent specification

CHAPTER 43 - International instruments and patent protection across

CHAPTER 44 - Patent administration, change of ownership, licensing, co-applicants,

CHAPTER 45 - Revocation of patents

CHAPTER 46 - Patent infringement, defences and remedies

PART 6 - Plant breeders' rights

CHAPTER 47 - Introduction and historical background

CHAPTER 48 - The nature of plant breeders' rights

CHAPTER 49 - The application procedure and term of protection

CHAPTER 50 - The right-holder, the content and termination of a plant breeders'

CHAPTER 51 - Infringement and remedies

PART 7 - Intellectual-property rights and traditional knowledge

CHAPTER 52 - Intellectual-property rights and traditional knowledge

CHAPTER 53 - Does the intellectual-property system offer adequate protection for

CHAPTER 54 - Protecting traditional knowledge in South Africa

CHAPTER 55 - Creating a protection system

PART 8 - Restricting competition

CHAPTER 56 - Introduction and common law

CHAPTER 57 - Statutory control of restrictive and abusive practices and mergers

CHAPTER 58 - Mergers

CHAPTER 59 - Restrictive practices, abuse of dominant position and

CHAPTER 60 - Institution, functions and operation of the Competition Commission,

PART 9 - The interface between intellectual-property rights and human rights

CHAPTER 61 - Introduction

CHAPTER 62 - Intellectual-property rights as human rights

CHAPTER 63 - The impact of intellectual-property rights on human rights

CHAPTER 64 - Reconciling intellectual-property rights and human rights