Who is the Inventor?
January 21, 2010
Inventions, Patents
The term “inventor” is not defined in the South African Patents Act.
It can however be assumed that an inventor is a person that makes an invention that qualifies as an invention in terms of the Patents Act.
Taking into account what the requirements of patentability are, it can be assumed that a person that come up with an invention that is novel, inventive and has application in trade or industry, qualifies as an inventor.
In the same way as patent claims are construed, i.e. in terms of integers (or essential elements), it can be assumed that a person that bring those integers together will be the inventor. The question is therefore: Who the person(s) is(are) that brought those integers together?
It may be that one person brought together the integers in one claim and another person contributed to the integers in another claim. They will then be co-inventors (or joint inventors). It may also be that both persons contributed to the integers in a single claim, then they will also be co-inventors (or joint inventors). If a single person brought together all the integers of the claims in a patent specification, that person will be a sole inventor.
In event of a dispute to inventorship in which one person inventively contributed to certain claims and another person contributed to certain other claims, the claims to which the inventor cannot lay claim to, may be excised from the set of claims, so as to overcome such a dispute.
Upon filing a patent application the inventor signs a declaration that he/she is the true inventor.
A misrepresentation on this declaration may be grounds for revocation of a patent.
Internet plagiarism Lawsuits
January 18, 2010
Copyright ©, Domain Names
If you want to know whether your website copy is unique and not copied by another website, you can copy and paste the particular URL (web address) into the space provided at a copy checker such as Copyscape.com.
As an alternative type in a unique line from your web page in the Google search box. If nothing comes up, the website is still safe. If however you find that copying has taken place, contact a copyright lawyer who will check whether the content has been used with full citation and link back.
If not, the copyright lawyer will contact the website owner and ask for the removal of the information and explain why. If no response is received further legal action will be taken. The first step is often to check the domain name holder at WhoIs.com.
The contact details can be used to get in touch with the owner directly. The next step can be to contact the hosting company to inform them about the plagiarism of the website.
If still no reaction the copyright lawyer will take the case further to the search engines and then relevant authorities for compensation or action to be taken against the perpetrator.
Copyright Law also protects Websites
January 18, 2010
Copyright ©
Many website owners never take action against third parties that have copied content from their site without prior permission or full acknowledgement through the correct citation. It occurs because the site owners don’t know their rights under Copyright Law.
Many mistakenly believe that under Copyright Law the work must first be registered as copyright protected. Fortunately not. The moment that an idea takes tangible form such as a photo, image, article etc. it already enjoys protection against copying without prior permission and the required citation. This affords website owners more power to act against the perpetrators under Copyright Law.
If however, you want to ensure that a book or lengthy piece of work is not copied and have legal grounds to stand on, you may want to get in the help of attorneys specializing in Copyright Law who will be able to provide guidance on the correct steps.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
Why apply for Copyright Protection?
January 15, 2010
Copyright ©
In South Africa, like in most Berne Convention countries, copyright subsist in a qualified work, the moment that the work is created in physical form. Therefore, no registration of copyright is necessary for copyright to subsist.
Copyright provides exclusivity to the owner thereof to perform certain acts in respect of the works. In South Africa it is advisable to add the copyright symbol before the name and year or as an alternative write the word ‘copyright’ before the name and year.
The South African Copyright Act makes provision to register copyright in cinematograph films. The benefit of registering such copyright is that the rights that already subsist in the copyright owner is recorded at CIPRO and, should the owner thereof institute proceedings, such registration can be used as proof of such rights.
In event that copyright is not registered in cinematograph films, such rights first have to be proved during the course of the proceedings.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
Get the help of an Intellectual Property Lawyer
January 15, 2010
Intellectual Property Information
You may require the assistance of an intellectual property lawyer when you have infringed on the rights of an intellectual property holder.
This can easily happen when you have a website and have used material from another site to create an article. If not properly sited and if you don’t have the written permission from the author to use the graphics or information, the party may file a lawsuit against you. Normally a request will first follow to remove the information from your site. Do so immediately and if further steps have been taken by the party call in the help of an intellectual property lawyer.
The best advice is to always seek permission first before using the information. Another instance is where a company requests that you no longer use a design or logo because it causes public confusion since they have a trademark that is similar to yours.
This will be more complicated since you may have done branding with the logo and as such will have to establish whether you have in fact infringed on their rights.
