IP BRIEFS

Volume 2 / Issue 5 / May 2018

IN THIS ISSUE

FROM THE EDITOR IP Exploration: Alternative Dr. MM Kleyn IP protection for creative works [email protected]

Cybersquatting: Don’t bank Autumn it is! I quite love the warm colours of summer’s farewell and on it! It’s bad for the . looking forward to cosy winter nights in front of the fire place with a How do you like your glass of Pinotage! Naartjies? Essentially April 26th marked World IP Day. This year the theme is “Powering derived, or not? change: Women in innovation and creativity”. Across South Africa Politically (In)correct the day was celebrated in various locations. We include in this edition a reflection of events on the day. GDPR applicability to South Fresh from the grid… the dti announce on 30 May 2018 that African businesses – not just following the publication of the (IP) for the EU after all! Consultative Framework in 2016, the Draft IP Policy Phase I which On a lighter note: was published for comment in August 2017, the inter-Ministerial IP and a little disruption Committee on Intellectual Property (IMCIP) considered stakeholder featuring some Stellenbosch submissions and amended the policy document accordingly. The women approved Intellectual Property Policy of the Republic of South Africa Phase I is available and will be published in the Government Gazette. Book Review: The Summit For a preview here, it is: Syndrome http://www.thedti.gov.za/news2018/IP_Policy2018-Phase_I.pdf. Case Law summaries News from the dti is that we can expect Phase II which will apparently addressing issues identified in the in-built agenda and Events Calendar deliberate upon the most efficient means of implementing the policy proposals discussed

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Quote for today: “If we all did the things we are really capable of doing, we would literally astound ourselves...”

― Thomas A. Edison

List of recent IP case law IP EXPLORATION: ALTERNATIVE IP PROTECTION FOR CREATIVE WORKS

There is no doubt that South African artists, filmmakers and musicians are amongst some of the most creative across international industries, creating art, films and music sought after, celebrated and acknowledged globally. Artists have, however, struggled over the years with the protection of their works. This may be due to misinformation, lack of information or merely not being concerned about the implications of IP protection until it is too late.

With the increase of counterfeit goods and copyright infringement of artistic, cinematographic and musical works, specifically of an African origin, the question arises whether we as a country are doing enough to protect our artists and artistic legacy. In this regard, it may have become necessary to not only educate local creatives in the traditional form of IP protection for their works, being copyright protection, but also explore the possibility of "extending" such protection through more formal and established forms, such as design and trade mark registrations. This being said; there are several pros and cons to the respective IP protection mechanisms discussed herein – which will be dealt with and consideredThe historical below. justifications However, for theIP protectionpros of “strong” The protection Copyright will Act always specifically far-outweigh lists the an consis theassociated interlocking with frames the vulnerabilityof referencein of “weak” artisticprotection work. as a work eligible for copyright access to knowledge; and balancing of protection. Section 2(1) of the Copyright Act interests, which are often not in harmony refers: with one another. “…Subject to the provisions of the Noteworthy is the Copyright and Patents Act, the following works, if they are clause of the US Constitution which sets out original, shall be eligible for the theoretical rationale for IP protection: copyright…” "The [promotion] of science and useful arts, by securing for limited times authors and The Act follows to list these works in Section inventors the exclusive right to their 2(1) thereof as being specifically eligible for respective writings and discoveries." copyright protection. These inter alia include "... artistic works, musical works, The rational behind a limited period of cinematographic films and sound protection is so that the intellectual recording...". creations will be available to the public and available for others to use in their own Section 1(1) defines “artistic works” to inter intellectual creations. alia include paintings, sculptures and Christiaan holds an LLB from The law and economics approach drawings, stating: “…artistic works means, NWU, is an LLM candidate at recognises that strong IP protection brings irrespective of the artistic quality thereof … UNISA, a Senior Domain Dispute with it both costs and benefits. paintings, sculptures, drawings, engravings Adjudicator with SAIIPL, and an and photographs…” admitted attorney with 10 years IP "The economic justifications for [IP such as] experience in the areas of trade copyright focus on the need to provide Musical works are defined as: marks, copyright, information incentives for the creation and “…arrangement or transcription of the technology law and domain dissemination of creative works." (M. work, if such arrangement or transcription disputes. Spence, 2002) has an original creative character…” Sher-Muhammad holds an LLB TRADITIONAL PROTECTION: Cinematographic films are defined as: from the University of London COPYRIGHT “…means any fixation or storage by any achieving the best result in his When discussing creative works, the first final year, is a Global MBA means whatsoever ... of being seen as a form of IP protection that comes to mind is moving picture ... and includes the sounds candidate with the same university usually copyright protection for artistic, and has 6 years IP experience embodied in a sound-track associated with cinematographic- or musical works – and the film…” with expertise in trade mark law, rightfully so. IP policy and legislative analysis.

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It is an established fact that copyright The lower threshold for design Reflecting on the traditional role of trade vests automatically in the author of any registration, and the fact that no marks: “The essential function of a trade work and the creation thereof into a substantial examination of design mark is to guarantee the identity of origin of tangible form. applications are currently carried out, the marked goods or services to the allows for applicants to apply for a consumer or end user by enabling him, With no formal registration avenue design application while establishing without any possibility of confusion, to available in South Africa for copyright "distinctiveness through use" in distinguish the goods or services from (save for specific forms), the most anticipation of a successful trade others which have another origin.” (Arsenal pressing concern is the ability to prove mark application for the same Football Club v Reed [2003] CMLR 481. ownership of such copyrighted works. product. This further makes the enforcement of There has been an increasing recognition of such rights an expensive and tedious Section 14(4) of the Designs Act may the non-traditional functions of trade marks. process for copyright owners, who, in pose an obstacle with this approach this instance, are (usually) struggling as it specifically excludes articles not There are benefits to be gained from trade artists. This begs the question to explore intended to be multiplied by industrial marks which have moved beyond their role alternative methods of IP protection. process from being registered as a as a badge of origin to embody other design. There may however be ways meanings. DESIGN PROTECTION in which to overcome this bar; for Another form of protection for artistic example, by simply showing an Trade mark protection of artistic works are works such as sculptures may be found intention of multiplication of an artistic no new phenomenon in trade mark law. in the Designs Act, in the form of work such as multiple "copies" of a Consider for a moment the existence of aesthetic designs. Section 1(1) defines sculpture being made by the artist figurative marks for instance. Such marks an aesthetic design as: himself. include devices and , which are in their essence artistic works. Several well- "...aesthetic design means any Another barrier may be the cost of a known images are registered as trade design applied to any article, design application that could be marks in a successful attempt by the whether for the pattern or the considered too expensive to justify authors to extend their rights well after the shape or the configuration or the the short duration (15 years for established copyright period has lapsed. A ornamentation thereof..." aesthetic designs) of such a form of good example is the iconic Mickey Mouse protection for most artists. As such and Donald Duck images, which have This specific form of design protection is design protection for artistic works been registered as trade marks. It is intended to protect inter alia the look and may not be the most ideal alternative already established practice to protect shape of an article. Arguably, as long as to copyright. certain artistic works by means of trade an artistic work meets the requirements mark protection, and we may be able to set in Section 14(1)(a) of the Designs Act TRADE MARK PROTECTION merely adapt such to protect other forms of (i.e. being "... new and original..."), it There has been an emergence of artistic works, such as sculptures, in the ought to be eligible for design protection. non-traditional trade mark protection. same manner. This is clearly limited to provide possible This aspect of trade mark protection alternative protection for artistic works, reveals its cross-cutting nature with Considering the preceding forms of and leaves the right holders in musical other domains of intellectual property. protection, the domain of trade marks is the works or cinematographic films without Forms of non-traditional marks most plausible possibility of providing the benefit of this form of protection. include: alternative protection to copyright. Section • Sound marks 2(1) of the Trade Marks Act defines a mark The protection of an artistic work through • Motion as: a design application is not an entirely (movement/multimedia) new phenomenon in the industry. The marks “…any sign capable of being classes for designs make it possible to • Pattern marks represented graphically, including a protect containers, which sometimes • Shape marks device, name, signature, word, may be perceived as sculptures (take for • Container marks letter, numeral, shape, example certain perfume bottle designs), • Smell marks configuration, pattern, as well as logos (in class 32) – thereby • Texture marks ornamentation, colour or container allowing these goods (works) to be for goods or any combination of the protected through copyright, design- and aforementioned…” trade mark registration.

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A mark is clearly inclusive of inter alia “Sound marks can become famous. Another attractive reason for considering shape marks. Trade mark law further Time Warner Entertainment this form of IP protection as an alternative is covers certain ‘non-traditional’ marks Company’s Merrie Melodies Theme that trade mark rights could endure which may also be protected as trade was registered in July 2001 (U.S. indefinitely, even after the lapse of the 50 mark registrations. These 'non- Reg. 2,473,248). This score has been year timeframe for copyright protection and traditional' marks are inclusive of not used in the soundtrack for the Looney the 15 years for aesthetic designs. This, only three-dimensional marks, but also Toons cartoon series for several along with the relatively low fee of trade sound- and motion marks as stated generations. Young viewers mark protection, makes this an attractive above. associate the theme with Bugs possibility to protect creatives’ rights in their Bunny, Road Runner, Sylvester and works. Before considering this form of Tweety, et al. and adults recognize protection for artistic-, cinematographic- the mark as a cue to head for the SOME POINTS TO PONDER and musical works, one needs to kitchen instead of the remote. The establish whether these works meet the famous mark has established With the potential of various IP protection requirements to be eligible for graphical goodwill and carries a reputation for mechanisms available to our South African representation of trade mark. These suitable children’s programming. artists, musicians and filmmakers (along elements are commonly known as the Interestingly, the Merrie Melodies with their unique and vibrant works), should Sieckmann-principles in trade mark law, sound mark became famous while we not focus on making such protective being… “clear, precise, self-contained, protected by copyright for “animated measures more accessible to our creatives easily accessible, intelligible, durable motion pictures” and now enjoys and the creative industry? and objective.” overlapping protection. Although the copyright term will Should the main focus of our national Assuming that an artistic work would eventually expire now that the sound intellectual property office, being the body at meet the above requirements, and not mark is registered, some type of the head of IP protection and enforcement be in contravention of the Trade Marks perpetual right may be enjoyed, in South Africa, continue to strive for a more Act, it is reasonable to allow trade mark provided the mark is maintained by inclusive economy in which our creatives protection for artistic works such as use in commerce.” (INTA, 2002). can easily protect their IP? sculptures. This could also apply to iconic films It is clear that synergistic collaboration Further, should it then not also be a such as the James Bond 007 with its between stakeholders in private and public possibility for musicians and creators of well-known opening scene, or sector, specifically in respect of copyright-, musical works to protect their music (or Despicable Me and the instantly design- and trade mark protection towards unique portions thereof) as sound trade recognisable ‘Minion’ characters a holistic approach toward IP protection is marks? Take here the instances of iconic therein, where such can possibly be essential in appreciating the overlap of IP music such as Beethoven's 5th protected as a motion mark. rights in certain forms of creative works. Symphony, Queen's Bohemian Rhapsody or (closer to home) In South Africa, there have been Mandoze's “Nkalakatha”, all of which are motion mark applications for the recognisable from by merely listening to James Bond gun barrel sequence a short portion of these songs – which which is shown at the beginning of then arguably allow such music to act as every Bond film. a trade mark showing origin of the music as being the musician and thereby Motion mark applications require that meeting the requirement for trade mark the nature and concept of the protection. In C-283/01 Shield Mark BV movement of the human character v Joost Kist [2003], it was stated that must be gauged from the still images conventional musical notation is (frames) together with an accurate recognised and appropriate for and detailed written description of the representation of music as trade marks progression of the motion (R accompanied with a detailed (clear and 443/2010-2 – LIQUID precise) description. FLOWING IN SEQUENCE OF STILLS (MOVEMENT MARK) (Second Board of Appeal, EU)).

May 2018 Page 4 VOL 2 ISSUE 5 : Don’t bank on it! It’s bad for the brand

Trade mark owners are becoming Property Organization (WIPO), products and services for the purpose ever vigilant in their pursuit to protect cybersquatting disputes relating to of generating internet traffic. Where a their intellectual property, new gTLDs have risen to 16% of well-known trade mark is appropriated particularly, their trade marks, at a WIPO’s caseload, which covered a as a cybersquatted domain name, it time where there is a prevalence of total of 5 374 domain names. WIPO sometimes serves as an instrument of cybersquatting in the online Director General, Francis Gurry, fraud or moreover creates a false community. Cybersquatting has been quoted saying that “the connection with the owner of that trade remains an ongoing concern for continuing growth in cybersquatting mark. brand owners. cases worldwide shows the need for continued vigilance by trademark Various Uniform Domain-Name The practice known as owners and consumers alike”. Dispute-Resolution Policy (UDRP) cybersquatting occurs where a decisions have found that disruption of registrant pre-emptively registers a In an attempt to address a business may be inferred if the domain name, which is virtually cybersquatting in South Africa, the registrant has registered a variant of identical to a name or well-known .ZA Domain Name Dispute the complainant’s mark by adding a trade mark in which a complainant Resolution Regulations (ZADRR) generic word and the conduct of the has rights, for the primary purpose of were introduced to deal with co.za registrant in such cases is evidence either selling or renting that domain domain names. The speed at which that the registration and use of the name to third parties or to block the domain names change hands, and disputed domain name have been trade mark owner from registering given that cybersquatters are made in bad faith. that domain name. famously inactive, make it all the more challenging to track and Amongst the top victims of Cybersquatters effectively abuse the combat abusive registrations. cybersquatting are trade mark owners first-come, first-serve nature of the A cybersquatter may register a who operate in the banking and domain name registration system name and not use it, nor try to sell financial sector. Many South African and register domain names or rent it, but simply wait to be companies in the banking and financial incorporating trade marks or names approached by the trade mark sectors have growing concerns about of businesses with which they have holder. These actions of domain their trade marks being appropriated in no association. Their conduct relies name pirates often result in damage cyberspace. on diverting customers and users to to a company’s brand reputation their domains by riding on the coat- and potentially to losses if the Well-known banking or financial tails of more reputable trade marks. appropriated name is used as an services institutions discover that a Trade marks are moving targets for instrument of fraud. website associated with the disputed cybersquatting and the most popular domain name features various topics can be the targets of Some of the most ubiquitous associated with banking and finance, thousands of cybersquatting sites. cybersquatting methods are such as loans, credit and banking. The vast increase in the number of evidenced through, for example, a When, for example, the financing tab is cybersquatting cases is partly due to domain name that points to no accessed, a number of sponsored the influx of new generic top-level active website, a phishing site or, listings related to this subject are domain names (gTLDs). most commonly, a domain name reflected. Because the complainants’ that redirects to a parking page businesses in these cases include It is noteworthy to mention that, containing advertisements and financial and monetary affairs, people according to the World Intellectual sponsored links to competing will likely think that the offending

May 2018 Page 5 VOL 2 ISSUE 5 CYBERSQUATTING: Don’t bank on it! It’s bad for the brand

Did you know? Cybersquatting is registering, selling or using a domain name with the intent of profiting from the domain name and its business are The e-mail encourages the recipient goodwill of someone else's somehow connected with, or related to make an up-front payment in trademark in bad faith. to, the complainant. order to receive a pre-approved loan. In a field where reputation, The Internet Corporation for The intention is to deceive customers honesty and reliability are the Assigned Names and Numbers and clients into believing the website lifeblood of these institutions, it is (ICANN) is a non-profit they are visiting is genuine by prudent that trade mark owners organization charged with mimicking the content and page enforce their trade mark rights. overseeing domain name behaviour. registration. As cybersquatting complaints throttle up worldwide, To the extent that the disputed While the Alternative Dispute ICANN has implemented thorough domain name and the offending Resolution (ADR) process is standards of acceptance such that website are diverting internet traffic cheaper and may save time by domain name assigning is done intended for the trade mark holder, it successfully transferring offending with much more scrutiny. ICANN is prejudicial to the complainant and domain names to the complainants has also put solid requirements for its functions. without drawn-out litigation domain name recovery in place for proceedings, it has by no means instances of trademark registration connected with, or related to, the served as a deterrent to lapses by trademark owners. complainant. The intention is to cybersquatters who invent domain ICANN urges trademark owners to deceive customers and clients into names that play on an endless renew their registrations yearly believing the website they are visiting number of variants of well-known and to report misuse to the agency is genuine by mimicking the content trade marks, including common as soon they become aware that and page behaviour. To the extent misspellings to drive internet traffic they've neglected to reregister a that the disputed domain name and to their own domains. domain the offending website are diverting internet traffic intended for the trade Despite well-intentioned efforts by If someone registered a domain mark holder, it is prejudicial to the both the international communities name in a generic top-level complainant and its functions. and local authorities, cybersquatting domain (gTLD) operating under continues to flourish as new age contract with ICANN similar to your An even more worrisome occurrence pirates find ways to benefit from the trademark, you may be able to file is where cybersquatters register a loopholes in legislation and lethargic a Uniform Domain Name Dispute domain name for an online enforcement. Trade mark Resolution Policy (UDRP) “advanced fee” scam using e-mail proprietors are, therefore, well proceeding. communications pretending to be advised to implement a proactive from a bank and it may include line of attack to protect their trade For more information see: identity fraud and credit card fraud. marks online or face litigious heat. https://www.icann.org

Jeanine is a final year Candidate Attorney at Spoor & Fisher.

She is working under guidance of Herman Blignaut, a Partner at the firm in the Trade Mark Enforcement Department.

Jeanine Coetzer

May 2018 Page 6 VOL 2 ISSUE 5 HOW DO YOU LIKE YOUR NAARTJIES? ESSENTIALLY DERIVED, OR NOT?

MAANDA N. PHOSIWA AND DR VIRESH P. RAMBURAN

Maanda N. Phosiwa

South African consumers 1976 (hereinafter the “PBR have grown accustomed to Act”) and is also the subject good quality mandarins (also of a case before the Western known as easy peelers or Cape Division of the High ‘naartjies’) of the Nadorcott Court in Cape Town brought variety. The Nadorcott by NADOR COTT PROTECTION "naartjies" are generally on SARL (NCP) & CITROGOLD the shelves of retailers from (PTY) LTD against June to October branded as EUROSEMILLAS, STARGROW & Clemengold®, SweetC® or OTHERS (CASE NUMBER: Spanish Gold™. The variety is 17606/14). The NCP, owners popular amongst consumers of the Nadorcott variety, Maanda holds an LLB from in South Africa and the which was developed in UNISA and is an admitted attorney with 5 years of IP and is one of Morocco and Citrogold (the experience in areas of the most successful citrus NCP’s local South African Patents, Plant Breeders’ Rights and . He is varieties in the world. The fruit agent), claim that the currently the Legal and of this variety has an Respondents in this matter Intellectual Property Manager excellent dark colour, are infringing the Nadorcott for Biogold International (Pty) Ltd is easy peeling, tastes variety PBR by delicious and has very few commercialising a variety Dr Viresh P. Ramburan seeds, if any at all. Farmers or called Tango. The Tango growers who have planted variety is also a mandarin the varieties are enjoying variety with a PBR in South good returns on the local and Africa, however the NCP and export markets as it comes Citrogold claim that the onto the market when no Tango variety is essentially other appealing mandarins derived from the Nadorcott are available and ships well variety, and consequently its to export markets with little exploitation without their wastage. permission, is unlawful in South Africa. The Nadorcott variety is protected with Plant Breeders Viresh holds a PhD from UWC For a variety to qualify for a specialising in horticulture and an Rights (PBR) in South Africa PBR in South Africa and other MBA from UWC. He has more through the Plant Breeders’ than 8 years’ experience in countries with PBR legislation Right (PBR) Act, Act 15 OF horticulture IP. He is currently the Chief Operations Officer of Biogold International (Pty) Ltd

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and members of the of the PBR Act and Article breeding is cumbersome and International Union for the 14(5) of UPOV Convention). time consuming, however Protection of New Varieties The Registrar of PBR is not with the advances in plant (Adopted in 2 December mandated to test whether a breeding methods in 1961 and last revised in 19 variety is an EDV or not, but general, including those that March 1991 (hereinafter whether the variety to which incorporate biotechnology, referred to as "the UPOV"), an application for a PBR plant breeders are able to the variety needs to be relates to meets the breed a new variety based Novel, Distinct, Uniform and requirements (Section 2(2) of on a parent variety while Stable, (commonly known as the PBR Act and Article 6 to retaining most or some of the the DUS test) in addition to 9 of the UPOV convention). genotype of the parent complying with certain In this article, without variety. administrative requirements going into the details of the It is important to understand set by the Registrar of Plant pending case, we consider the intention of the EDV Breeders Rights. The South the concept of an Essential provisions. During the UPOV African PBR Act is intended to Derived Variety (EDV), Diplomatic Conference in foster a system of innovation related provisions in both the 1991, there was strong and create new varieties by PBR Act and UPOV support of all stakeholders creating a framework that convention, the intentions involved in the preparatory rewards developers of new thereof and possible meetings to introduce the varieties of plants. The PBR limitations. concept of essential Act is based on the text of the derivation in the new version UPOV Convention (The 1991 WHY AN EDV CONCEPT? of the Convention to provide Acts of the UPOV Convention The concept of an more effective protection for (hereinafter referred to as Essential Derived Variety breeders. The following were "the UPOV Convention"), (EDV) was introduced by the some of the concerns raised, which broadly specifies the UPOV Convention in 1991 that led to the EDV provisions requirements of novelty, and was aimed at being eventually drafted: distinctness, uniformity and broadening the scope of • The necessity to stability, in addition to certain protection for breeders of provide a more administrative requirements protected parent varieties by effective right to the that should be met for a way of creating dependency breeder to provide variety to qualify for Plant between the parent and the adequate Breeders Rights. EDV, like the concept of a remuneration for the dependent patent under breeding investment; Both the UPOV Patent Law. Under the EDV • The fact that Convention and the PBR Act concept, a breeder’s right to characteristics used to provides that the effect of a an EDV, which bears a establish the PBR, a parent variety, applies resemblance to protected description and to varieties which are parent variety, depends on decide on distinctness essentially derived from the the rights of the breeder of were in general not parent variety and referred the protected parent variety. linked with the value to as an essentially derived The concept was introduced of the variety, was variety (EDV) (Section 23(4) because traditional plant increasing the

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concern of breeders and to get new biotechnology would when very similar varieties very close to disadvantage the traditional varieties were the initial one in a very breeders, therefore the EDV protected short time. concept was aimed at independently from strengthening the rights of the initial variety; These concerns were traditional breeders and • Some breeding echoed by CIOPORA, the owners of parent varieties, methods were also a international organisation from which an EDV is based source of concern representing breeders of on, by extending the original because they were asexually propagated plant breeder's right to varieties considered to lead to varieties (ornamentals and which are essentially derived “plagiarism”. This, in fruit), which pointed out that protected varieties which particular, related to the main issue for their may otherwise qualify for a selection of mutants breeder members is mutants Plant Breeders’ Rights. It is or use of repeated (and genetically modified also the opinion of CIOPORA backcrosses result in organisms (GMOs)). New that it is fair that the breeders differences in mutants are often developed of the parent variety, if characteristics of based on new (protected) protected, receives their minor importance for parent varieties and have share from the the value of the several commercial commercialization of the variety; advantages for their mutations of their protected • Upkeep of the breeders in that there is not varieties. The CIOPORA also breeders' exemption much discovering and highlighted that a good as in Article 15 (1) (iii) developing work required, protection system should of the UPOV 1991 Act. they have a short process of protect parent varieties, The breeders´ evaluation, they take the while allowing new varieties exemption has the benefit of the already known to be developed. The system intention that without variety and they are easy to should benefit the original unrestricted access to launch as the initial variety breeder, the developer of existing genetic already has a reputation in the new varieties, be it in the variation (interpreted the market. But there is also form of EDV or not, and the as the breadth of the other side of the coin; growers or farmers planting plant material mutations of an initial variety the new varieties. available as a source can take a big market share of genetics) from the initial variety, with advances in breeding low costs, and the breeder of THE PBR ACT AND THE EDV PROVISIONS would be hampered; the initial variety will not earn As a matter of law, under and a similar return on investment the EDV concept, an EDV is • The development of if his market is shared with a new variety derived from genetic engineering essentially derived low-cost and displaying the essential offered new tools with mutations. characteristics of an existing the possibility to protected variety and is transfer a single gene A further concern is that different (distinct) from the to an existing variety the advancement in plant

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existing variety from which it distinguishable, it may qualify (UPOV/EXN/EDV/2 – derived in a few for a PBR. In considering Explanatory notes on characteristics. According whether a new variety is essential derived varieties to UPOV Convention, Article essentially derived, it is under the 1991 Act of the 14 (5) (b), a variety shall be important to establish what is UPOV convention, published deemed to be essentially deemed to be essential in April 6, 2017): derived from another variety characteristics of a variety. (“the initial variety”) when: There is no definition of I. Essential essential characteristics in characteristics are the (i) it is predominantly both the PBR Act and UPOV heritable traits that derived from the initial convention. However, an are determined by variety, or from a variety that UPOV guideline document the expression of one is itself predominantly indicates that essential or more genes, or derived from the initial characteristics includes at other heritable variety, while retaining the least all characteristics used determinants, that expression of the essential for the examination of DUS or contribute to the characteristics that result included in the variety principal features, from the genotype or description established at the performance or value combination of genotypes of date of grant of protection of of the variety; the initial variety, that variety, and all other II. Essential obvious characteristics, characteristics are (ii) it is clearly distinguishable irrespective of whether they characteristics that from the initial variety and appear in the Test Guidelines are important from or not (UPOV TG/1/3 – the perspective of the (iii) except for the differences General introduction to the producer, seller, which result from the act of examination of distinctness, supplier, buyer, derivation, it conforms to the uniformity and stability; and recipient, or user; initial variety in the the development of III. Essential expression of the essential harmonized descriptions of characteristics are characteristics that result new varieties of plants, characteristics that from the genotype or published in April 19, 2002). are essential for the combination of genotypes of This is very generic and may variety as a whole, the initial variety. have been stated this way including, for purposefully to cover example, In South Africa, the PBR Act varieties in different plant morphological, also contains a definition of species. In an effort to give physiological, an EDV which is in line with some direction regarding the agronomic, industrial Article 14(5)(b) of UPOV issue, an UPOV explanatory and biochemical convention (Section 23(4)(b) note indicates that the characteristics; of the PBR Act ). From both following may be considered IV. Essential these definitions, it is clear in when deciding what characteristics may or that an EDV must be “clearly constitute essential may not be distinguishable from the characteristics of a variety in phenotypic parent variety”, and if it is relation to EDV characteristics used

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for the examination of on the UPOV Explanatory derived from the Initial distinctness, uniformity note on EDVs, by stating that: Variety. and stability (DUS); I. The EDV concept shall V. The methods and V. Essential establish dependency required degrees of characteristics are not for varieties, which are genetic conformity restricted to those phenotypically distinct between EDVs and characteristics that (look different) and the Initial Varieties relate only to high predominantly should be established performance or value derived from the Initial crop-by-crop based (for instance, disease Variety. on state of the art resistance may be II. The degree of the protocols agreed considered as an phenotypic similarity upon by a panel of essential and the number of experts characteristic when phenotypic the variety has differences between While a separate PBR can susceptibility to the EDV and the Initial be granted for an EDV disease); Variety shall only be without consent of the VI. Essential considered for the owner of the protected characteristics may assessment of parent variety from which it be different in different distinctness. derives, it may not be crops/species. (see I III. Predominant commercialised without the above) derivation is given if permission of the owner of material of the Initial the protected parent variety. Variety has been used In the absence of sufficient As you can imagine, this can for the creation of the guidance, and looking for make implementation of this EDV and a very high some level of clarity with concept tricky in degree of genetic EDVs, in 2013 CIOPORA, commercial circumstances. conformity between representing breeders’ the Initial Variety and interest, released a position A challenge to implement the EDV exists. paper on EDVs (See Krieger, E t is clear from the and de Riek, J. 2013. Views of IV. Mutants and GMOs – above list that there is no the International Community as far as they are Iclear defined boundary in of Breeders of Asexually distinct from the Initial what constitutes essential Reproduced Ornamental Variety – are EDVs, characteristics of a variety. and Fruit-Tree Varieties whenever they retain Not only does this include (CIOPORA) on essentially a very high genetic every characteristic but it derived varieties. Seminar on conformity to the can also be subjective as in essentially derived varieties. Initial Variety as point II above, the Geneva, October). Some of established by the characteristics are viewed the points raised by CIOPORA panel of experts, from the perspective of the where that they look to because mutants and interested person. provide further guidance to GMOs per definition Furthermore, it is evident from their members on EDVs built are predominantly the above list that it is a

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May 2018 Page 8 VOL 2 ISSUE 5 MAANDA N. PHOSIWA and DR VIRESH P. RAMBURAN

difficult prospect for the law action. It is clear from both methodology should be makers to decide what the UPOV Convention and limited to a species to species needs to be essential our PBR Act that the intention basis (as suggested by characteristics and to apply of the EDV concept was to CIOPORA) as essential the same standard to all protect the proprietor of the characteristics of species plant species. In addition, it is protected parent variety, but differs. In the absence of such important to note that the in the implementation of the methodologies, the correlation between legislation the burden of the outcomes of legal matters phenotype and genotype is proof appears to lie with the related to EDVs in different also not a clear-cut story breeder of the protected parts of the world will guide without its limitation and/or parent variety. It is therefore such matters. complications. While the up to the holder of the paper of CIOPORA provides protected parent variety to a position from commercial prove essential derivation breeders on the concept and seek a declaration to and is very useful in confirm his right on the EDV determining how to implement the concept, it is The legal interpretation of not law. EDV concept is difficult and the plant breeding industry The question not need to reach an agreement addressed by the UPOV on how this concept must be Convention and all interpreted on a species to discussions around EDV is species basis. The CIOPORA what happens when the position paper provides proprietor of the protected useful guidance in that parent variety and EDV are regard. To solve this not the same as is the case in mammoth task, the plant the matter before the courts breeding industry could in Cape Town. One can possibly work together with summarily assume that the lawmakers to establish proprietor of the EDV requires acceptable tools or authorisation from the methodology to predict proprietor of the parent essential derivation. Such variety prior to exploiting the tools or methodology, if EDV. However, if the based on the genetic proprietor of the EDV denies makeup of the variety, will that fact that his variety is an most likely lead to the EDV, which can be the case, definition of a threshold value the proprietor of the parent of genetic similarity between variety is left an expensive a new variety and the parent option of approaching the variety that, if exceeded, court for a declaration or to would suggest derivation. It is initiate PBR infringement suggested that such tools or

May 2018 Page 12 VOL 2 ISSUE 5 Politically (In)correct

VickWeeklyy Stilwell Newsletter, Director: Kisch-IP

In recent times the international political arena has been All I took was a good legacy? The ANC does not own fraught with alleged intellectual property violations – any colour and how it should be arranged”. Eminem successfully sued the New Zealand National Party for infringing the copyright in his hit track “Lose Yourself”; incumbent US president, Donald Trump, upset Queen fans by using their renowned hit “We are the Champions” at one of the events leading up to the US national elections and his wife, Melania, was accused of blatantly plagiarising parts of one of Michelle Obama’s speeches. Now it seems to be South Africa’s turn.

Those following political news in South Africa will be all too familiar with the factions that have developed within the country’s ruling party. One of the results of the disagreements between members of the upper echelons ADeC ANC of the ANC is that Dr Makhosi Khoza, a previously high- ranking member of the ANC, split from the party to form a new political party with the hope of contesting the From an intellectual property (particularly trade mark) national elections in 2019. law perspective, this is an interesting statement.

Dr Khoza’s new party, the African Democratic Change The issue of ownership of intellectual property rights in party (ADeC) has adopted a that has definite colours is a contentious one as it is extremely difficult for similarities to the ANC logo, both in terms of its colours someone to claim exclusive rights in a single colour. and its features. See the respective logos. Cadbury, for example, is involved in ongoing struggles to assert its rights in the colour featured on various Soon after the launch of the new party, the ANC objected of its chocolate and sweet products. This is because of to the logo and said that it will report ADeC to the which is known in intellectual property circles as the Independent Electoral Commission for what it is calling “colour depletion” doctrine, which recognises that in a “a deliberate appropriation of its colours and logo” particular competitive sphere there may be a limit as to which, it says, have been used to confuse voters. the number of colours that are capable of being used.

Dr Khoza immediately hit back on social media It is also necessary to bear in mind that one of the platforms, saying “When I resigned‚ I made it very clear founding principles of trade mark laws the world over is that I’m taking the good ANC with me.

May 2018 Page 13 VOL 2 ISSUE 5 that in order to qualify for protection, a trade mark must be capable of performing the basic function of distinguishing the goods or services of one person from those of competitors.

Against this background it is easy to see why monopolising a single colour is difficult. But the A colour trade mark (or trademark, see situation with combinations of colours is slightly spelling differences) is a non-conventional trade mark where at least one colour is used different as it is easier to claim rights in combinations of to perform the trade mark function of colours and even more so when the colours are part of a uniquely identifying the commercial origin of logo with other distinctive features. products or services.

The South African Trade Marks Register shows that the In recent times colours have been increasingly ANC has registered protection for various elements of its used as trade marks in the marketplace. get-up and identity, including a and version However, it has traditionally been difficult to of the logo shown above, and for a mark consisting of “a protect colours as trademarks through band of three stripes of equal width, running parallel to registration, as a colour as such was not each other, having respectively the colours black, considered to be a distinctive 'trademark'. and ”. This issue was addressed by the Agreement on Trade-Related It is clear that there are similarities between ADeC’s logo Aspects of Intellectual Property Rights, which broadened the legal definition of trademark to and the ANC logo. As with all trade mark infringement encompass "any sign...capable of and passing-off assessments, though, the two logos will distinguishing the goods or services of one need to be compared holistically to determine whether undertaking from those of other there exists a real likelihood of confusion amongst undertakings". members of the voting public. Despite the recognition which must be What will transpire, however, remains to be seen. accorded to colour trade marks in most countries, the graphical representation of such marks sometimes constitutes a problem for trademark owners seeking to protect their Vicky Stilwell is a director and trade mark attorney at KISCH IP marks, and different countries have different with 14 years’ experience. She is a qualified trade mark practitioner methods for dealing with this issue. and specialises in trade mark and copyright matters, including trade mark searching, brand selection and implementation strategy, filing This category of trade marks is distinguished and prosecution of trade mark applications, trade mark maintenance, from conventional (word or logo) trade marks assignments and formalities and brand portfolio management, as that feature a specific colour or combination well as in domain name registration and enforcement strategy and implementation. Vicky also specialises in commercial intellectual of colours; the latter category of trade marks property and intellectual property licensing matters including presents different legal issues. conducting intellectual property due diligence investigations and advising on and drafting commercial intellectual property Source: Wikepedia agreements and licence agreements.

May 2018 Page 14 VOL 2 ISSUE 5 GDPR applicability to South African Companies – Not just for the EU after all!

Anola is an Attorney of the High Court of South Africa and specialises in commercial transactions, litigation, corporate law, compliance and consumer law, with specific focus on electronic communications and transactions, data privacy, consumer protection, franchising, cyber law and social media law. She is an attorney at the commercial department of Kisch-IP

Anola Naidoo

Businesses operating in South Africa • Partner with an EU business that • Update its current website terms are currently facing the imminent processes personal data of those and conditions and privacy policy; implementation of the Protection of individuals who are afforded • Draft a GDPR policy Personal Information Act 4 of 2013 protection; or (POPI), however there is much debate • Process personal data pertaining to If GDPR is applicable to a business, one in South Africa as to whether an EU citizen such as monitoring must determine whether a Data businesses need to also comply with user’s behaviour via their website Protection Officer (DPO) needs to be the EU’s counterpart to POPI, the through the use of cookies. appointed within the organisation. General Data Protection Regulation GDPR provides that if GDPR is (GDPR) which came into effect on 25 applicable to the business, it may be May 2018. The GDPR (General Data compulsory for the business to appoint Protection Regulation) seeks to a DPO if (i) the processing is carried out GDPR is clearly not South African law, create a harmonised data by a public authority; (ii) the business’s but it governs the manner in which protection law framework across core operations include the processing businesses collect, process and store the EU and aims to give back to of data through mass systematic and personal data that could lead to the data subjects, control of their regular processing; or (iii) it processes identification of an individual who is sensitive data of a data subject on a resident in the EU or is a citizen of any personal data, whilst imposing large scale. member country of the EU, including strict rules on those hosting and the UK, regardless of his/her country of processing this data, anywhere Aside from the high non-compliance residence at any given time. Such in the world penalties (€20 million or a fine up to individuals have the right to know how, 4% of the business’s global revenues what, when, where and why their (whichever is the greater)), the main personal data is being processed. reason South African businesses need Should a business process or control to comply with GDPR is because the Accordingly, GDPR will apply to personal data in any of the above EU is one of South Africa’s largest businesses in South Africa that: circumstances, the business must take trading partners and EU businesses are steps to ensure compliance with unable to trade with South African • Process or control personal data of GDPR, by: businesses unless they comply with the a citizen or temporary resident of • Conducting a comprehensive due requirements of GDPR. an EU member state; diligence of its business in order to With globalisation and the ease of • Have employees based in an EU ascertain how, why, where, when cross border transactions, it is essential member state; and what personal data of that South African businesses • Employ EU expatriates in South individuals is processed; constantly ensure that they have a Africa; • Develop a strategic plan as to the global view on data protection in order measures to be taken to ensure to ensure compliance and avoid compliance; penalties.

May 2018 Page 15 VOL 2 ISSUE 5 On the lighter side…or not?

IP, and a little disruption – featuring some Stellenbosch women. by Owen Salmon S.C.

Like with much music, art, and Thanks to an invite from Annette Anyway, before Madelein Kleyn (a other creations, all I have done in van Tonder (administrator Stellenbosch womxn who needs no what follows is to take the extraordinaire of the Anton introduction) was anywhere near the offerings of others, stir the Mostert Chair of IP; a conclusion of a beguiling presentation palette here and there, and Stellenbosch womxn) to the on the power of innovation in creating cough up an idea or two. It all seminar, seated between my wife opportunities, Margaux was clearly could be considered a bit tongue- and I was our daughter. In her deep in thought. As the applause for in-cheek, but on the other hand it second year of environmental Madelein burst, she whispered “Dad, isn’t. studies, a Stellenbosch womxn, are you going to ask a question?” Too We start on World IP day, when Margaux is pretty well up on the dim-witted to realize the real question, the Anton Mostert Chair of issues. my no-doubt characteristically Intellectual Property and dismissive grunt perhaps disarmed Innovus, both well-known Not only does she regulate her. Stellenbosch institutions, everyone’s recycling, showering, presented a seminar on dishwashing, cooking, and “Powering Change - habits during her short Stellenbosch Womxn in recesses at our home, but she Innovation and Creativity”. also walks the talk - ask any waiter who has had the temerity Sorry for those who missed a to hand out plastic drinking vibrant and thought-provoking straws at our table. presentation from some luminaries in the campus Margaux also has a reasonable cosmos. (Catch-up is at idea about intellectual property, www.blogs.sun.ac.za.) having spent her first 21 years This note is not about the growing up (poor girl) under a symposium, by the way, but it all roof which I share. started there. Here’s how. ” How is innovation regulated or policed for environmental protection?”

By the time Anita Nel, the “How is innovation regulated or policed Of those, 11,272 have been granted - powerhouse CEO of Innovus, for environmental protection?” over 10,000 of them between 2013 another Stellenbosch womxn, had It is a good question, in this day and and 2017. Strangely, it is 11th in the finished entertaining the age; and it got me thinking. What about list, behind such competitors in the audience - and it was entertaining the environmental footprint of smartphone stakes as Samsung, - Margaux’s hand was hovering. innovation? Google, and LG. Ya, no fine, and so what? Well, read on. She never got to ask her question, Before we dyed-in-the-wool IP types I think to the discredit of the scoff into our soup, consider the Before getting excited about the gathering. It would have been an following: according to Wired UK upstream environmental costs of engaging discussion. (www.wired.co.uk) since 2002 Apple smartphone production….. (wait for The question was this, Margaux Inc. has made a total of 17,627 patent it …) later revealed: filings in the United States alone.

May 2018 Page 16 VOL 2 ISSUE 5 Would anyone think that in the USA Huh? Can this be right? And doesn’t As Ilse’s article lucidly explains, the alone, over 39 million cellphones the Stellenbosch student have a blockchain phenomenon can be have been trashed - and less than a point? Isn’t it time for a bit of applied to the branding scenario, and third of those recycled? disruption? importantly so. Indeed, as she This is the mind-boggling statistic – mentions, one of her sources reports Enter the next Stellenbosch womxn - believe it or not, presented as the that EIPO is apparently looking at Dr Ruth Albertyn. As it turns out, figure for this year alone (as of 24 blockchain as a way of recording and Ruth is young Margaux’s auntie, but May 2018 - see enforcing IP rights. not so long ago, Ruth’s PhD thesis www.poodwaddle.com). That is a presented her innovation of an index There is a lot to be said for a huge pile of unfriendly stuff for measuring the empowerment of blockchain service being set up – or (including bromides, beryllium, and women in the workplace. required, if not at least recognized - lead) leaching into the soil and by CIPC with application to various groundwater. Not hard science, one might be scenarios: a clear record of ‘origin’ (remember badge?); of route to Meanwhile, according to a February forgiven for thinking, but the point is market - the supply chain, in other 2017 Greenpeace report this. If the measurement of words; of all transactions relating to (www.greenpeace.org - empowerment is possible - and it is - the brand’s ownership, the chain of “Smartphones Leaving Disastrous then surely the environmental title; the registrations to which it Environmental Footprint”) since footprint of an innovation can be pertains; proof of use for renewal 2007 roughly 968 TWh have been measured? (and why not? they are trade marks, used to manufacture smartphones. If it can be measured, it can be after all); proof of reputation; and Now, that is a lot of electricity - recorded. And if it can be recorded, it so forth. Maybe even the nearly the same as one year’s power can be submitted to a Registrar along environmental footprint of the supply for the whole of India. with a patent (or design) application, brand? (Scotland consumes a paltry 25 TWh or an application for the first renewal. With that, lastly, I must thank per annum.) One article posted on And, unless the bar - according to another Stellenbosch womxn who www.fastcodesign.com predetermined criteria for features in this piece. If my wife (“Smartphones are Killing the Planet environmental protection or Isabeau had not gone to choir camp Faster than Anyone Expected”) rehabilitation - is met, then sorry, no this weekend, I would not have had reports that building a single new further patent (or design) protection - the chance to entertain myself out smartphone - and, specifically, or a tax is levied. mining the rare-earth minerals here in my own tiny left field. Of course, this won’t stop the inside it, represents as much as 95% Oh, funny I should mention that, for development and sale of the of the device’s total CO2 emissions the (award-winning) chamber choir, innovation, but there is a curve: for two years. “Palissander”, was founded and has sooner or later, R&D capital will be been directed for the past 25 years by The jury is still out on the aimed at environmentally-kind(er) Dr Sarita Hauptfleisch, another environmental impact of the rare innovations. And that, future-citizens, Stellenbosch womxn. You know, that earth minerals which ultimately find is what is needed. their way to our skilled little reminds me ---- no, that’s enough fingertips - but one thing for sure is However, innovation is not alone in now. that they are seriously finite the need for a little bit of disruption – resources (www.techradar.com - a thought prompted by a recent article from Ilse du Plessis, director “Our Smartphone Addiction is at ENS in the leafy university village Costing the Earth”). (another Stellenbosch womxn). Perhaps, touchier, is the hotly-aired If it hadn’t been for “Blockchain and topic of the sweatshop and child trademarks, what’s that all about labour practices involved in mining then?” published recently in “IP these so-called conflict minerals. ENSight”, I might well have bumbled (See the World Economic Forum post along for the rest of my days thinking “Your Smartphone could be Hiding a the blockchain has something to do Dark Secret” at www.weforum.org). with cryptocurrency and in which I Well, isn’t the long and short of it this: am not anyway interested. Of course, Smartphone Inc is awarded and for good reason, blockchain does monopolistic protection to trash the have something to do with Bitcoin, environment. Ethereum, Ripple and the rest, but not exclusively so.

May 2018 Page 17 VOL 2 ISSUE 5 Book Review – The Summit Syndrome Owen H Dean

As creator of the name of our News Alan’s point of view. The level of says it is “an absorbing and realistic Letter “IP Briefs”, we pay tribute, in first-hand knowledge is deep and portrayal of the drama of the courtroom, this edition to Owen H Dean who laid out with professional exactness. which captured my undivided attention.” dared his pen on a novel. You’ve been working hard to master a new A more interesting subplot is the Professor Charles Gielen, a leading job or to perfect a new skill. You’ve put in burgeoning relationship between international IP attorney and the long hours and loads of effort and you’ve Alan and his newly hired assistant, academic at the Universities of finally made it. You’ve hit the pinnacle. Toni. The two have had ups and Groningen and Stellenbosch, You’re at the summit. But … making it to downs before meeting each other. comments that the book is “an the top doesn’t really feel how you expected it While they obviously both connect exciting and instructive rendition of IP law to feel. In fact, you feel a little, well, empty on the first meeting, neither rushes in action in practice.” inside. anything. Their relationship spans the novel with a realistic pace that On this account Spoor & Fisher With, a glimpse from the Pacific encourages readers to root for them. have made the book recommended Review…. Alan Benedict has settled reading for their candidate attorneys. into a good life with a family and a With an intricate dive into copyright It is a good read and available on promising career as a copyright law, The Summit Syndrome paints a amazon.com and Loot, and through attorney in South Africa, until his wife vivid picture of a man re-focusing Exclusive Books is tragically killed, leaving him adrift. using his work to reconnect to his In an attempt to recover and move on life. The actual case isn’t the star of with his life, Alan decides to relocate the show, but rather it is his to Cape Town and leave everything attempts to find himself and learn to behind including his law career. Life love again. settles down and Alan begins to adjust but is drawn back to work with a case These views are echoed by the US involving a plagiarized book. Review of Books which opines that Surprisingly, the case spurs him into the author fulfils the duty of a action and he doggedly throws thriller/legal writer. He keeps the everything he can into it. pace going, not only in the chase The title is a direct reference to Alan’s sequences outside the courtroom, work ethic. Once Alan begins a case, but also in the courtroom itself by he stops at nothing to finish with a avoiding legalese and instead victory. However, over the course of providing dramatic testimony. All in the novel it becomes clear that isn’t all, Dean delivers the requisite thrills exactly true. Alan wants to win and and surprises for fans of courtroom solve the plagiarism case, but not at dramas any cost. While he will dedicate himself fully and use all resources, he has clear moral and ethical boundaries The novel is inspired by an actual he won’t cross. That actually plays a case. It gives an account of a large role in the case as one witness copyright infringement/plagiarism attempts to seduce him in the hopes case conducted in the High Court. of preventing evidence from The novel gives insight into behind becoming admissible. the scenes of a major piece of copyright infringement litigation and gives a basic outline of the law on The bulk of the novel is obviously the subject and the procedural about the court case. It is intricately aspects of the case. detailed and explained. This is true of both in court dialogue and behind the scenes evidence gathering with the Judge Neville Zietsman, the former entire aspect of the case laid out from Judge President of the Eastern Cape,

May 2018 Page 18 VOL 2 ISSUE 5 From the Juta Law Reports

The following judgments were reported since February 2018

Patent — Application for interim interdict prohibiting respondents from infringing applicant’s patent concerning pesticide for control of a species of sugarcane infestation called thrips — Respondents bringing a counter-application based on lack of novelty, obviousness and lack of clarity — Though the patented insecticide contained a mixture of already-existing active ingredients, they were never before used in South Africa to combat sugarcane thrips — Court granting interim interdict and referring counter-claim for determination in action. Arysta Lifescience South Africa (Pty) Ltd v Farm-AG International (Pty) Ltd and Others Case No: 2013/07161 CCP 13-02-2018 Louw J 28 pages Serial No: 0509/2018

Patent — Revocation — Patent concerning conveyor belt for use in a thermal treatment — Whether patent lacking in clarity, novelty or inventive step — Belt made of interconnected elements provided with perforations for conducting heating and possibly cooling gases fed through material be and simultaneously through belt — Difference from prior art discussed — Proper construction of specification discussed — No merit found in contentions of lack of clarity or novelty or obviousness. Sandvik Intellectual Property AB v Outukumpu OYJ and Another Case No: 5826/2002 GP 14/12/17 Makgoka J 26 pages Serial No: 0202/2018

Trademark — Application for order restraining infringement — Owner of URBAN DEGREE mark seeking to prevent respondents from using similar ‘URBAN’ marks — Respondents denying breach — Likelihood of deception — Difference between URBAN and URBAN DEGREE — Whether sufficient to distinguish — Whether a licencing agreement was ever concluded — Court granting final interdict. Moosa NO and Others v Urban Gateway (Pty) Ltd (formerly Zitonox (Pty) Ltd) and Others Case No: 9255/2017 WCC 31/01/2018 Davis J 26 pages Serial No 0137/2018

Trademark — Opposition to registration — Likelihood of deception or confusion — Owner of JOSE CUERVO mark for tequila objecting to proposed registration of respondent’s IL CORVO mark for wine on ground of likelihood of aural confusion — Court finding that, given the difference between the products, the average consumer would not be confused — Court rejecting argument based on phonetic similarity between marks. Tequila Cuervo SA de CV and Another v Fabrication and Engineering CC Case No: A121/17 GP 15-01-2018 Hughes J, Mphahlele J and Potterill J 7 pages Serial No: 0706/2018

May 2018 Page 19 VOL 2 ISSUE 5 Sudoku

EVENTS CALENDAR Date Event 3-Aug-18 Ladies Luncheon Venue to be advised (date alternative option 17-Aug-18) 24-Aug-18 SAIIPL Golf day Venue to be advised 2-Nov-18 Annual Dinner Venue to be advised 14-Nov-18 Annual General meeting Venue to be advised

May 2018 Page 20 VOL 2 ISSUE 5