Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot; The Washington Post, November 28, 2021

Lesley Wroughton, The Washington Post ; Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot

"At the World Trade Organization (WTO), trade ministers had been scheduled to begin meetings Tuesday over a contentious proposal by South Africa and India to temporarily waive intellectual property rights on coronavirus vaccines and therapies or find a way to allow developing countries to access the technologies. The meeting has been postponed because of the omicron variant. No new date has been set...

African countries have historically depended on Western donors and United Nations-backed programs such as the vaccine alliance known as Gavi, a partnership of donors and pharmaceutical companies that buys vaccines at lower prices and makes them available to countries that need them. Covax, a vaccine marketplace that was meant to secure coronavirus inoculations for developing countries, has struggled to access enough supplies during the pandemic...

Moderna has said it will not prosecute those found to be infringing on its covid-related patents during the pandemic, which amounts to an informal waiver, said Marie-Paule Kieny, a French virologist who chairs the U.N.-backed Medicine Patent Pool, which is part of the WHO’s efforts in Africa.

The concern with a waiver, Kieny said, is what happens once the pandemic ends. Any broader waiver agreed on at the WTO talks would likely have a time limit, she said, without a commitment from the drugmakers to enter into licensing agreements.

She said companies should negotiate now with drugmakers such as Moderna to reach formal licensing agreements before the pandemic is over."

Drama in South Africa Leads to Passing Fair Use; infojustice.org, December 6, 2018

Sean Flynn, infojustice.org; Drama in South Africa Leads to Passing Fair Use

"It was a day of copyright drama in the South African Parliament on the anniversary of Nelson Mandela’s passing...

After passing a new performers protection bill, more MPs from the ANC were whipped to join the chamber and the Copyright Amendment Bill was passed on a second vote.

The process is far from over. Now the bill must pass through the National Council of Provinces and then return to the National Assembly to rectify any changes before being signed into law by the President.  But the passage was a major victory for those in South Africa who have been working for over 20 years to update its user rights and other provisions."

Defending Fair Use In South Africa; Intellectual Property Watch, December 4, 2018

Sean Flynn, Peter Jaszi, and Mike Carroll, American University Washington College of Law; Intellectual Property Watch; Defending Fair Use In South Africa

"On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat."

Copyright: as relevant as ever; Lexology, June 7, 2017

Rachel Sikwane, ENSafrica, Lexology;  Copyright: as relevant as ever

"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.

For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.

Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."

It’s Iceland vs Iceland as trademark row erupts between country and frozen supermarket chain; The Conversation, 11/25/16

The Conversation; It’s Iceland vs Iceland as trademark row erupts between country and frozen supermarket chain:

"One significant factor that could count against the Icelandic government’s legal challenge is that the application for the Iceland trademark – granted in 2014 – was actually filed by the supermarket chain back in 2002. The reason it took 12 years before the mark was granted was that the application passed through a lengthy and rigorous “opposition” process, which involved the weighing up of the various pros and cons of allowing the mark from various perspectives, most notably the possibility of consumer confusion arising between the “Iceland” mark and any prior existing marks.

Given that Iceland (the country) does not itself seem to own any conflicting trademarks in the name Iceland, it’s hard to see how the Icelandic government can raise any grounds that have not already been dealt with during the application and opposition period from 2002 to 2014.

Nonetheless, the dispute brings up a pertinent question: should it ever be possible to register the name of a country, regardless of what the business is involved in and whether or not there is any likelihood of confusion?"