Intellectual Property Rights in South Africa

Beating About The Rooibos  February 11, 2013 – 03:14 pm
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN SOUTH AFRICA THE

It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea.  The term ROOIBOS is as typically South African as “braaivleis” and “biltong”.  It is really part of our South African heritage.  The South African authorities have nonetheless taken no concrete or effective steps to protect and control the use of this term in South Africa or elsewhere.

Probably the first attempt to hijack ROOIBOS in another country took place in America roughly ten years ago.  After protracted legal battles, South African interests prevailed and registrations of the term for tea products in the United States held by local traders were cleared away.  A similar episode is now taking place in France.  This was reported in the Sunday Times of 3 February 2013.  Application has been made by a French company to register ROOIBOS as a trade mark in respect of beverages in France, and thereby to secure a monopoly in its use, and we are about to have a replay of the American episode.

As pointed out the Sunday Times article, the French attitude to South African objections to the registration of the term ROOIBOS by a local French trader is that such objections must be based on the existence of protection for the term in South Africa, and that without having local South African protection, objectors do not have a leg to stand on. Alas there is currently no such protection in place in South Africa and it is manifest that the South African authorities have been beating about the bush for at least the past ten years and have failed to secure protection for ROOIBOS in its own back yard.  The French attitude is reasonable because the World Trade Organisation’s TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual Property) clearly specifies that a country cannot claim that a so-called “Geographical Indication” (“GI”) (which ROOIBOS is in the international context) is entitled to international protection unless the term is protected in the home country.  South Africa is a member of this agreement and the Government is well aware of its terms.  The fact that we on occasions pay lip services to the agreement is beside the point.

Source: CIP - The Anton Mostert Chair of Intellectual Property

World Bank Publications Improving Access to HIV/AIDS Medicines in Africa: Assessment of Trade-related Aspects of Intellectual Property Rights Flexibilities Utilization (Directions in Development)
Book (World Bank Publications)

You might also like:

Superbiking in South Africa
Superbiking in South Africa
WWE13: Justin Gabriel
WWE13: Justin Gabriel
Effects of the Intellectual Property IP Regime on Generating Value from Publicly Funded Research
Effects of the Intellectual Property IP Regime on Generating Value from Publicly Funded Research

Thank you part one

Thank you for taking my questions seriously. I appreciate your very "professional" response, including the quotes and the "[sic]" added to avoid any misquotes or errors on your own behalf. I can tell that you are an attorney. I can tell you are an Intellectual Property Atto...p all the lighter elements within and use them for fuel, while the heavier elements near by coalesce and form orbiting bodies. I know that there are anomalies, and I know that not every star system is necessarily like ours, but what I am hoping to find out here is why, specifically, we don’t believe that most stars have a distinct probability of having orbiting planetary bodies.
continued

Positioning and managing your brand - learn the latest tools and techniques  — Bizcommunity.com
Session Three: Brand Objectives, Research and Measurement. Discuss the concept of the brand core as a way to guide brand objectives. Look at the setting and evaluation of brand objectives. Explore how brands acquire insight through internal and …

South Africa Flag Grunge I4 Iphone 4 or 4s Hard Case
Single Detail Page Misc ()
  • Made from durable plastic
  • iPhone 4 and iPhone 4s models
  • Lightweight; approximately 20g
  • Image does not fade or peel
SONY JUNKYARD 01
SONY JUNKYARD 01
limestone crushing screening
limestone crushing screening
Kevin Fleischer, film producer, South Africa
Kevin Fleischer, film producer, South Africa
Oxford University Press, USA Intellectual Property Rights in Agricultural Biotechnology (Biotechnology in Agriculture Series)
Book (Oxford University Press, USA)
South Africa - Grunge - iPhone 5 Case Rare
Single Detail Page Misc ()
  • full access to all ports & buttons
  • easily attached & removed
  • does not peel or crack or fade
  • molded to fit perfectly
  • light weight
Die Antwoord Babys On Fire Live @ SONAR Barcelona 2012
Die Antwoord Babys On Fire Live @ SONAR Barcelona 2012
IP from Publicly Funded Research - Dr Caroline Ncube - University of Cape Town
IP from Publicly Funded Research - Dr Caroline Ncube - University of Cape Town
Intellectual Property, Pharmaceuticals and Public Health
Intellectual Property, Pharmaceuticals and Public Health

Related posts:

  1. Intellectual Property Rights PPT Scribd
  2. Intellectual Property Rights in Turkey
  3. Intellectual Property Rights in Thailand
  4. Intellectual Property Valuation South Africa