Length of protection A patent can last up to 20 years. It is important to pay an annual renewal fee to keep it in force. To maintain a patent in force a payment of a renewal fee is due every year starting from the expiring of the 3rd year from the date of filing until the patent expires. The patent expires after 20 years from the date of application Rights of holder A holder of a patent has the right to exclude others from making, using, exercising, disposing or importing the invention Enforcement and remedies Patents Act 1978 The remedies available for infringement are: interdict, damages, delivery up of the infringing product. The Commissioner of Patents or the High Court deal with disputes
Copyright Definition A copyright is an exclusive right granted by law for a limited perod to an author, designer, etc. for his/her original work. For a work to be eligible for copyright protection, it must be original and be reduced to material form Registration Generally a person who has written, printed, published, performed, sculpted, painted, filmed or recorded a work, is automatically the owner of the copyright to that work. Copyright is created by putting the words “copyright” or “copyright reserved” or “copyright ABC 2013” (i.e. copyright, followed by name and the year), or the copyright symbol, name and year e.g. © ABC 2013. You can obtain copyright protection in South Africa, if you are a South African or if your work was produced in South Africa. If you are not South African, you can obtain copyright protection provided the country you are a national of is part of the Berne Convention. The Berne Convention is an international agreement on copyright by which member countries grant each other copyright protection. Copyright for films / videos made for commercial use needs to be applied for formally, by way of the following documentation, obtainable free of charge, from the Copyright Office Length of protection The lifespan of copyright depends on the type of work protected: The copyright of literacy works lasts for 50 years after death of the author. The copyright of computer programs lasts for 50 years after the first copies were made available to the public. For sound recordings, the copyright lasts for 50 years from the day the work was first broadcast. For films, 50 years from the date the film was shown Rights of holder Copyright affords the author the exclusive right to stop others from copying or using his work without his permission. If somebody copies your work without your permission; this is called copyright infringement, which is a violation of author’s rights. Author can also conclude license agreements with the users for his copyright works and enjoy royalties payment from the licensees Enforcement and remedies Copyright Act 1978 If infringement occurs the author may sue the infringer. It is the responsibility of the author to prove ownership and also to sue in case of infringement
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