Why so many domain name disputes?

August 24, 2009
Domain Names

There is no agreement within the Internet community that would allow organizations that register domain names to pre-screen the filing of potentially problematic names.

The reasons vary, ranging from allowing easy registrations to stimulate business, to the practical difficulties involved in determining who holds the rights to a name, to the principle of freedom of expression.

Furthermore, the increasing business value of domain names on the Internet has led to more cybersquatting, which results in more disputes and litigation between the cyber-squatters and the businesses or individuals whose names have been registered in bad faith. – WIPO



Emerging Issues in Intellectual Property

August 24, 2009
Intellectual Property News

Intellectual property plays an important role in an increasingly broad range of areas, ranging from the Internet to health care to nearly all aspects of science and technology and literature and the arts. Understanding the role of intellectual property in these areas – many of them still emerging – often requires significant new research and study. In an effort to promote informed discussion of the intellectual property issues involved in these fields, WIPO regularly produces various explanatory publications on current issues of interest.  - WIPO



How extensive is Industrial Design Protection?

August 24, 2009
Registered Designs

Generally, industrial design protection is limited to the country in which protection is granted.

Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered.

An applicant can file a single international deposit either with WIPO or the national office of a country that is party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant wishes. – WIPO



What rights does Copyright provide?

August 24, 2009
Copyright ©, Intellectual Property Information

Copyright Protection

Many creative works protected by copyright require mass distribution, communication and financial investment for their dissemination (for example, publications, sound recordings and films); hence, creators often sell the rights to their works to individuals or companies best able to market the works in return for payment.

These payments are often made dependent on the actual use of the work, and are then referred to as royalties.

These economic rights have a time limit, according to the relevant WIPO treaties, of 50 years after the creator’s death. National law may establish longer time-limits.

This limit enables both creators and their heirs to benefit financially for a reasonable period of time. Copyright protection also includes moral rights, which involve the right to claim authorship of a work, and the right to oppose changes to it that could harm the creator’s reputation.

The creator – or the owner of the copyright in a work – can enforce rights administratively and in the courts, by inspection of premises for evidence of production or possession of illegally made – “pirated” – goods related to protected works.

The owner may obtain court orders to stop such activities, as well as seek damages for loss of financial rewards and recognition. – WIPO

Contact Details for Smit & Van Wyk

Tel
+27 (0) 12 349 7800

Fax
+27 (0) 86 619 0493

E-mail
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa



Are ideas, methods or concepts protected by copyright?

August 24, 2009
Copyright ©

Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such.

This principle has been confirmed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) as well as the WIPO Copyright Treaty. – WIPO

Contact Details for Smit & Van Wyk

Tel
+27 (0) 12 349 7800

Fax
+27 (0) 86 619 0493

E-mail
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa