Copyright, intellectual property & related rights and protection policies in terms of the copyright act of 1978


When
2012
Who
Cipro - companies & intellectual property registration office (was in existence until may 2011 until it merged with ocipe to become cipc), cipc - companies & intellectual property commission, sabs - south african bureau of standards, sabc - south african

Description of the policy/measure

The department of trade and industry has set up the companies & intellectual property commission (cipc) to administer copyright and all intellectual property law in south africa, including :trademarkspatentsdesignestablishment of a copyright tribunal there are special courts to hear disputessouth african copyright law defines ten categories of works that are eligible for copyright, including designs patents, and trademarks :literary works - including novels, poems, plays, film scripts, textbooks, articles, encyclopedias, reports, speeches, etc.musical works - excluding words sung with the musicartistic works - including paintings, sculptures, drawings, photographs, architectural works, works of craftsmanship, etc.cinematograph films - in any medium, including film, tape or digital datasound recordings - in any medium, but excluding film soundtracksbroadcasts - signals transmitted by radio waves and intended for public receptionprogramme-carrying signals - signals representing audio and/or video and transmitted via satellitepublished editions - particular typographical arrangements of literary or musical workscomputer programs - instructions, in any medium, that direct the operation of a computerperformers protection - needle time rightschallenges identified in the implementation of this measure:current sa copyright laws are not wholly aligned to international conventions but promote protection of rights-holders.works that are not mentioned / not included in the act/law :orphan works : works where the rights holders cannot be located & works of which the status is unclear – they may or may not have entered the public domainwebcasts & podcasts : the act makes no specific provision for works that are communicated over the internettraditional knowledge : no mention of system in the sa copyright act, however the dti has drafted an intellectual property amendment bill, intended to introduce exclusive rights over traditional knowledgeparallel imports : parallel imports can make products cheaper by increasing competition in the market e.g. medication like anti-hiv drugs. they can also enhance access to knowledge & information, & education.challenges faced by the creative industry are:non-payment of royalties;lack of formalisation of the creative industry which exposes the already vulnerable industry to abuse;piracy and lack of education and awareness on ip and the rights of artists;

Evaluation of the policy/measure

Copyright is still seen by many as a technical area of law, of marginal relevance to most peopleparticipation from civil society and small and medium enterprises (smes) in policy-making and advocacy has been sporadic at best, and largely uncoordinated.too protective towards rights-holders who continue to enjoy unlimited rightsno regulation of collecting societiesact not in line with economic & other developing technological policy & regulatory framework