#ip attorneys in south africa

[legalgaze]

Preserving Your Property: The Role of Lawyers in the Protection of Property Rights

Image Source: IP Lawyers South Africa

In a state-of-the-art changing economic system, intellectual property (IP) has become an exceedingly precious asset for both agencies and individuals. In South Africa, a country that thrives on innovation and creativity, protecting highbrow belongings is extremely crucial.

This is where IP legal professionals step in as guardians of innovation and champions of creativity. In this article, we are able to explore the function of IP lawyers in South Africa and how they make contributions to safeguarding the state's intellectual property landscape.

The Importance of Intellectual Property

Property encompasses a number of intangible belongings, including patents, trademarks, copyrights, trade secrets, and business designs. These assets function as pillars for industries including generation, entertainment, prescribed drugs, and production.

For individuals and groups, ensuring the safety of belongings is important to preserving a competitive aspect and making sure that innovation receives its due recognition.

Image Source: Intellectual Property Lawyer

IP Lawyers: Safeguarding Innovation

IP lawyers in South Africa are professionals who specialize in protecting, managing, and enforcing intellectual property rights. They play a role, in safeguarding the creations and innovations brought forth by individuals and businesses.

Here are some of the tasks they carry out:

1. Registering Intellectual Property: One of the obligations of IP attorneys is to help customers check in their highbrow belongings rights. This can include acquiring patents, for groundbreaking innovations or trademarking brand names. IP legal professionals guide clients through the registration system, ensuring protection for their rights.

2. Managing Intellectual Property Portfolio: IP lawyers assist clients in managing their highbrow property portfolios. They offer advice on maximizing the value of these assets through avenues such as licensing, franchising, or other commercial arrangements. This expertise helps customers leverage their creations for profit.

3. Enforcement and Litigation of IP Rights: In cases of infringement, IP lawyers in South Africa are responsible for enforcing their client's rights. They initiate proceedings to halt the use of intellectual property and seek compensation for any damages incurred. Successfully navigating IP litigation requires knowledge of laws and regulations.

4. Preserving Traditional Knowledge and Cultural Expressions: South Africa is a nation, with a rich heritage. Safeguarding knowledge and cultural expressions is an aspect that falls under the purview of IP lawyers.

IP lawyers also have a role, in safeguarding knowledge and cultural expressions, ensuring that indigenous communities maintain ownership of their heritage and reap the benefits from its commercial utilization.

5. International IP Matters; Considering the nature of property, IP lawyers frequently engage in international cases, assisting clients in navigating the intricate realm of IP protection and enforcement across borders. This is particularly significant in a world where markets are increasingly intertwined.

Image Source: IP Attorneys

The Legal Framework for Protecting Intellectual Property in South Africa

South Africa has established a framework to safeguard intellectual property rights. Several key pieces of legislation govern IP, including:

1. Patents Act: This legislation oversees the grant and protection of patents, granting inventors rights to inventive products and processes.

2. Trade Marks Act: It regulates the registration and defense of trademarks, which serve as signs used to identify products and services in the market.

3. Copyright Act: This law safeguards creators rights by providing protection, for musical works as well as computer programs and databases.

4. Designs Act: Here is the paraphrased version; It focuses on safeguarding the appearance of a product, through the protection of industrial designs.

5. The Counterfeit Goods Act aims to combat the trade of pirated goods, providing protection for both consumers and rights holders.

Challenges Faced by IP Lawyers in South Africa

While IP lawyers play a role in safeguarding innovation and creativity, they encounter challenges within the South African context;

1. Limited Resources: Many individuals and small businesses may not have sufficient financial means to pursue IP protection. Therefore, IP lawyers often need to find solutions to address budget constraints while still delivering legal services.

2. Legal Landscape: Intellectual property law is inherently intricate and constantly evolves alongside advancements and changes in business practices. As a result, IP lawyers must remain updated and adaptable to these evolving complexities.

3. Enforcement Issues: Enforcing IP rights, particularly when managing counterfeiting or on-line infringement cases, can present challenges. Similar to different international locations, South Africa faces difficulties addressing these issues.

4. Balancing Innovation and Access: Striking the balance between protecting property and selling right of entry to information and innovation is a delicate undertaking.

IP legal professionals need to remember the implications of their work.

Conclusion

Intellectual assets are vital, for fostering innovation and creativity, and in South Africa, IP legal professionals function as guardians of this asset. They play a function in registering, handling, implementing, and safeguarding highbrow property rights, making sure that creators and innovators can completely benefit from their paintings.

[motaafricaa]

5 Best Practices For Protecting Your Intellectual Property In South Africa

Intellectual property (IP) is a valuable asset that distinguishes your business and drives innovation. Whether it's a unique product design, brand logo, or groundbreaking software solution, safeguarding your IP is crucial for long-term success. In the dynamic South African business landscape, consulting the best advocates in South Africa can make all the difference. Here are five best practices to consider:

Understand the Types of Intellectual Property: Before protecting your IP, it's essential to grasp its various forms. In South Africa, IP includes patents, trademarks, copyrights, and trade secrets. Patents protect inventions, trademarks safeguard brand identities, copyrights cover artistic works, and trade secrets shield confidential information. Commercial lawyers in South Africa can help determine the appropriate protection strategy for each type.

Register Your Intellectual Property: Registration provides legal recognition and protection for your IP. It's strongly advised to register patents, trademarks, and copyrights with relevant South African authorities. The Companies and Intellectual Property Commission (CIPC) oversees trademark and patent registrations, while the South African Copyright Office handles copyright registrations. Registering strengthens your legal position and simplifies enforcement against infringers.

Draft Solid Contracts and Agreements: Clear contractual arrangements are crucial when collaborating with employees, contractors, or partners. Confidentiality agreements and non-disclosure agreements (NDAs) prevent unauthorized sharing of trade secrets and proprietary information. Well-drafted licensing agreements ensure respect for your IP rights and generate revenue streams when working with suppliers or licensees.

Monitor and Enforce Your IP Rights: Vigilance is key to protecting your IP. Regularly monitor the market for potential infringements, counterfeit products, or unauthorized use of your IP. If violations are detected, a commercial attorney in South Africa can help take swift action to enforce your rights. This may involve sending cease and desist letters, engaging in negotiation, or pursuing legal action when necessary. Prompt and consistent enforcement sends a strong message about your commitment to protecting your IP.

Stay Updated on Changes in IP Law: Intellectual property laws evolve, and staying informed is crucial for effective protection. Stay abreast of legislative changes or court rulings that impact IP rights in South Africa. Partnering with legal experts specializing in IP law provides the guidance needed to navigate these changes and make informed decisions about your IP strategy.

Consult the best commercial attorneys by visiting https://mota.africa/ Original Source: https://bit.ly/45xlrhp

[trademarkmaldives]

Like many other nations, the immense umbrella of Intellectual Property Law in South Africa (SA) also encompasses the legislation that involves patents, trademarks, industrial designs, and copyright protection. Intellectual property (IP) refers to intangible assets that are created through human intellect. Although beneficial to the owner (creator/ producer) in many ways, these IP assets are vulnerable to exploitation by third parties and should be protected by a powerful means. IP law is one of the best ways famous for protecting intangible IP that can hold immense value. It is a crucial source used to restrict the unlawful use of inventors’ unique assets, and thus, ensure the Intellectual Property Protection in South Africa and other regions worldwide.

Another main objective of the administrators, attorneys, etc., taking care of the IP law in South Africa is to encourage the creators to create more and more intellectual goods. Unfortunately, as the Intellectual Property Rights (IPRs) provided under the IP law allow the owners to prevent others from using their assets, they often confer negative rights. Hence, it is essential to revise the IP law in South Africa to ensure that people seeking access to healthcare shouldn’t be denied healthcare lifesaving drugs.

One considerable fact about IP law in SA when it comes to the healthcare area is that the granted IPR, i.e., patent enables the pharmaceutical companies to prohibit others from manufacturing and selling the same medicines. The patent, no matter whether for the protection of medications or anything else, lasts for around 20 years in most of the nations globally. It bestows the companies with a monopoly to determine and set the price of medicines produced by them on their own. The highly-priced drugs often push the people in desperate and fatal situations, thus making it vital to revise the Patent Law of South Africa that lead to the granting of excessive licenses fueling pharmaceutical monopolies.

Measures South Africa is Taking or Should Take

Concerning the call to revise IP law in SA and several other nations, the World Health Organization (WHO) has provided some rules and stated that the public health principles related to access to medicines are sustained by the Constitution of WHO along with a wide range of national and international legal policies. Besides, Intellectual Property Rules from the human rights viewpoint must be supervised under principles supporting not just the public health goals but access to medicines as well.

Still, several pharmaceutical firms focus on monopolizing the production of drugs, especially for TB, cancer, and hepatitis C that are the most leading cause behind deaths in SA, only for making profits.

A physician named Dr. Eric Goemaere, who introduced HIV treatment in SA in 2017, said that the treatments for HIV and cancer are very complicated and expensive. That’s why people are afraid of even looking at them. The most disconcerting thought revolves around the resistance put up by big pharmaceutical companies on the creation and availability of these treatments when the patient is dying. The Treatment Action Campaign is the biggest organization that came up to provide relief in such instances by ensuring that all people in South Africa can access suitable medical treatment. By making the large pharmaceutical firms grant licenses to small companies for manufacturing generic ARV (antiretroviral) and numerous other relevant things, it ensures that the appropriate medical facilities are available to all South Africans.

No doubt that the rapidly advancing technology has provided us with numerous new medicines and antiretrovirals, but the concerning fact is that all these are very expensive. Hence, it is recommended that the government, pharmaceutical organizations, and IP Attorneys in South Africa should work on new research and development (R&D) models to delink the cost of R&D from the total cost for drugs or treatments. South Africa should likewise think about the approaches for incentivizing R&D through cash prizes, grants, and more, instead of supporting patent monopolies leading to excessive pricing. The nation should also advocate worldwide leadership by funding people for initiatives like researches. It even needs to invest in the development of drugs for the future rather than just thinking about the intellectual property market in South Africa or outside.

Ordinary People of South Africa

For ordinary people in South Africa, the present scenario means that they can anytime face the situation when it will be essential for them to get unaffordable medicines that are secured under patents preventing other manufacturers from coming up with an affordable alternative. It also means that human rights, constitutional rights, and health are commodified, allowing firms with patents to deploy human sufferings for extracting profits. In short, it suggests that the right to access to health for common residents of South Africa is being undermined, and therefore, the nation needs to think about – of course – the difficulties related to IP law, but while emphasizing the violation of human rights. For more visit: https://www.trademarkmaldives.com

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[bananaipindia]

One more way to speedy patents in India approved, EPO launches revamped Espacenet and other patent news

New Post has been published on https://www.bananaip.com/ip-news-center/one-more-way-to-speedy-patents-in-india-approved-epo-launches-revamped-espacenet-and-other-patent-news/

One more way to speedy patents in India approved, EPO launches revamped Espacenet and other patent news

In this week’s Patent News – Union Cabinet approves proposal for adopting Patent Prosecution Highway Program; NLSIU invites papers for Intellectual Property Review; IPO relaunches registrations of Facilitators under SIPP Scheme; WIPO launches new publication series – “WIPO Collection of Leading Judgments on Intellectual Property�� and other news updates.

Indian Patent Updates

Union Cabinet approves proposal for adopting Patent Prosecution Highway Program

The Government, last week approved a proposal for adopting the Patent Prosecution Highway (PPH) Program between the Indian Patent Office (IPO) and patent offices of various other interested countries or regions. The PPH Program will first commence between the Japan Patent Office (JPO) and the IPO on a pilot basis for a period of three years. PPH will enable the IPO to receive patent applications in the field of Electrical, Electronics, Computer Science, Information Technology, Physics, Civil, Mechanical, Textiles, Automobiles and Metallurgy, while the JPO will accept applications in all fields of technology.Additionally, Startups and MSME’s will have an opportunity to expedite the examination process and receive a faster grant. According to the official PM India website, PPH Program will have the following advantages:

Reduction in time to dispose patent applications

Reduction in pendency of patent applications

Improvement in quality of search and examination of patent applications

NLSIU invites papers for Intellectual Property Review

National Law School of India (NLSIU) has invited candidates to submit papers for its journal – Intellectual Property Review. The journal is essentially published by the Centre for Intellectual Property Research and Advocacy (CIPRA), National Law School of India University, Bangalore and the IPR Chair of the University. The central theme set for publication is – “Emerging Trends in IPR.” Interested persons may submit their articles, essays, notes, case comments or book reviews before 30th December 2019.

You may click here to access the official notification.

IPO relaunches registrations of Facilitators under SIPP Scheme

On 18th November 2019, the Indian Patent Office published a notification offering an opportunity for newly registered patent agents as well as existing agents to submit their registrations to become a Facilitator under the Scheme for Facilitating Startups Intellectual Property Protection (SIPP). Previously this year, in the month of March, IPO published a list of all registered Facilitators in Patents, Designs and Trademarks under the SIPP. However, according to the notification, the IPO has received a number of requests to relaunch the registration of Facilitators as the number of applications filed by startups has been steadily increasing. Interested patent agents may therefore apply and register themselves as a Facilitator on or before 6th December, 2019. The Official notification can be accessed here.

Patent Disputes, Infringement, Settlement and Licensing

BMW faces allegations of patent infringement.

Abell Foundation and Paice recently instituted a suit for patent infringement against BMW in the U.S. District Court of Maryland. The companies have accused BMW with respect to eight hybrid and plug-in hybrid vehicles including – 330e iPerformance, 530e iPerformance, 750e xDriveiPerformance, i8 Roadster Plug-in and Mini Countryman Plug-in. Prior to this suit, Paice had filed suits against Ford, Toyota, Hyundai and Kia for infringement of its patents. The companies eventually entered into a licensing agreement with Paice.

International Patent News

EPO and Indonesia sign Reinforced Partnership Agreement

The European Patent Office (EPO) and the Directorate General of Intellectual Property (DGIP) of Indonesia signed a Memorandum of Understanding (MoU) on Reinforced Partnership on 22nd November, 2019. The MoU was executed by EPO President António Campinos and the head of the Directorate General of Intellectual Property (DGIP) of Indonesia, Freddy Harris at the EPO headquarters. DGIP is said to be the second IP office in Southeast Asia to have a Reinforced Partnership with the EPO. Apart from Indonesia, the EPO has executed a similar MoU with the IP offices of Mexico, South Africa, Ethiopia, Argentina and Malaysia.

The objective of the Reinforced Partnership Program is to establish long term partnerships in strategic and technical areas between the EPO and other offices. It strengthens the global patent system by creating a network of patent offices that use products and tools developed by EPO.

EPO launches all new Espacenet

The European Patent Office (EPO) launched the upgraded version of the patent information search tool, Espacenet on 19th November, 2019. The improved version of the search tool is likely to help users in conducting patent searches by simplifying the process and providing access to over 100 million patent documents filed globally. Espacenet was launched for the first time in 1998, the primary objective of the tool was to provide latest patent records to its users. The latest version of Espacenet consists of a new filtering tool that shows classifications, applicants, inventors, authorities that appear most commonly and allows users to refine their search.

You may click here to watch a two-minute video highlighting the features of the improved search tool.

DIFC enacts new Intellectual Property Law

Dubai International Financial Centre (DIFC), has enacted the new Intellectual Property Law with effect from 21st November, 2019 after it received the approval from the Ruler of Dubai, the Vice President and Prime Minister of the UAE, His Highness Sheikh Mohammed bin Rashid Al Maktoum. The new enactment recognizes and provides for the protection of intellectual property rights in Patents, Industrial Designs, Copyrights, Trademarks and Trade Secrets, in UAE. The law also provides for the establishment of a new designation, namely, the Commissioner of Intellectual Property.

You may click here to access the official Intellectual Property Law DIFC Law No. 4 of 2019

WIPO launches new publication series – “WIPO Collection of Leading Judgments on Intellectual Property”

The World Intellectual Property Organization (WIPO) published the first edition of its new publication series- WIPO Collection of Leading Judgments on Intellectual Property, on 21st November 2019. The program was launched at the WIPO headquarters in Geneva as part of the event titled “2019 WIPO Intellectual Property Judges Forum.” Over 128 judges from 74 countries were present at the launch event that took place between the 13th and 15th of November. The publication essentially compiles landmark IP judgements from the most active patent offices of the world. According to WIPO’s official website, the initiative is a part of its efforts to “engage judges from around the world as they share experiences on the common challenges they face and discuss new subject matters and concepts.”

You may click here to access the official publication.

Authored by Vibha Amarnath

About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and backlink to the source.

If you have any questions, or need any clarifications, please feel free to write to contact@bananaip.com

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.

[regentlaw]

Best Criminal Defense Lawyer

MATHEW KURIAN

Mathew is an Advocate & Solicitor of the Supreme Court of Singapore. Prior to joining Regent Law LLC as a Director, he was a Partner at Edmond Pereira & Partners.

Mathew has an LLB (Honours) from the University of Buckingham, UK; MSc (Strategic Studies) from the Nanyang Technological University, Singapore; Post Graduate Diploma in Singapore Law from the National University of Singapore; and Graduate Certificate in Terrorism Studies from the International Centre for Political Violence and Terrorism Research (ICPVTR) of the Nanyang Technological University.

His practice covers a broad spectrum of criminal, employment and commercial law. Mathew has appeared in the High Court and Subordinate Courts for both criminal and civil matters.

In the criminal law arena, Mathew's interests lie in commercial crime and cross-border criminal proceedings. Mathew handles all types of criminal matters and specialises in commercial crime, corruption offences, corporate fraud, sexual offences, unlicensed money-lending and drug offences. In addition, he also defends clients charged with immigration, customs and MOM offences. Mathew is also trained in forensic examination of documents used for the purposes of fraud and has helped companies battle corporate fraud.

In the commercial and corporate law arena, Mathew provides advisory services to Small and Medium Enterprises (SMEs) and also advises on matters concerning shareholders agreements, share purchase agreements, distribution agreements etc.

Mathew recently acted as the lead counsel in the acquisition of a local company by a U.S. listed conglomerate with a market capitalization of USD5 billion and has also acted in a number of acquisitions of SMEs. He is also a legal and corporate adviser to numerous SMEs and is a Member of the Singapore Institute of Arbitrators.

Mathew is an adjunct law lecturer at the Temasek Polytechnic. He also conducts seminars cum lectures for various organisations including Temasek Polytechnic, Security Industry Institute (SII), Singapore Customs and Certis CISCO. He is a law trainer for customised courses such as the Diploma in Police Studies and Security Management and the Fire Safety and Security Management courses for the Police and the private sector.

Professional Affiliations:

Member, American College of Forensic Examiners Institute.

Member, Association of Certified Fraud Examiners, USA.

Member, Singapore Institute of Arbitrators.

Member, Law Society of Singapore.

Member, Singapore Academy of Law.

KALAITHASAN KARUPPAYA ("Kalai")

Kalai graduated from the University of London with LLB (Honours) in 1999. He also holds a Master's in Business Administration (MBA) from the University of Southern Queensland, Australia in 2003.

With more than 16 years of Court experience in diverse range of Singapore laws, Kalai is an experienced trial litigator with more than 100 trials under his belt. Kalai is a solutions-driven legal professional.

As an Assistant Public Prosecutor with the Attorney General's Chambers (AGC) from 2001 to 2017, Kalai has prosecuted numerous criminal cases in the State Courts of Singapore.

Kalai was also an Assistant Director (Legal) (Court Prosecution and Registry) of Ministry of Health (MOH) and has provided comprehensive range of legal services to the MOH including protecting the interests of the Government, the Ministry, and the public healthcare sector at large.

CHERYL SIM

Cheryl is an Advocate and Solicitor of the Supreme Court of Singapore and a Legal Associate in the firm's Criminal team. While her main area of practice is criminal and corporate law, she also assists in the firm's family, commercial and civil matters. Cheryl also has experience in construction matters and is quite adept in its specialised areas of adjudication and security of payments under the Building and Construction Security of Payment ("SOP") Act.

Cheryl graduated with a Bachelor of Laws (Honours) from the University of Bristol (UK).

Cheryl is fluent in English and Mandarin.

P. THIRU

Thiru is an Advocate and Solicitor of the Supreme Court of Singapore. He is a legal associate with Regent Law LLC and was called to the Singapore bar in 2002.

Thiru holds an LLB (Hons) degree from the University of London and an LLM from the University of Johannesburg, South Africa.

His practice covers both criminal and civil matters. He also conducts lectures and seminars on business and company law for various educational institutions.

LOUIS JOSEPH

Louis Joseph, MA, LLB, is an old boy of St John's Institution in Kuala Lumpur. He is a barrister of Gray's Inn and an advocate & solicitor of Singapore and Malaysia.

He has taught and practised law for more than 25 years and is widely published (including in refereed law journals) in Malaysia, Singapore, England and Canada.

He was for some time a partner in Harry Elias & Partners

After many years of corporate, commercial & IP law practise (including a 9-year stint in- house in London), he has moved to criminal and civil litigation and has argued cases in the High Court and the Court of Appeal of Singapore.

Louis prides himself on his careful preparation and his academic experience has prepared him well to take and argue difficult and complex issues of fact and law. He is very approachable and friendly but he does not compromise his habit of giving realistic and practical legal advice.

Louis has a measured approach, is always enthusiastic, has a capacity for thinking around the issues, has bags of common sense and is utterly reliable.

He has deep interest in 4 areas, viz general (including serious) crime, corporate fraud, bribery and corruption and professional disciplinary matters.

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[rightsinexile]

Publications

Global

A set of political and media-validated scripts play out to inform Western assumptions of what a refugee is and that excludes the “non-deserving.” The construction of “the refugee” as a “forced” “non-Western” object without will or socio-cultural history, to be rescued by the benevolent West is the central point of overlap between racialization and refuge in the contempo­rary context of refugee reception. Each of the articles featured in this special issue grapples with what the authors refer to as the “Racialized Refugee Regime.” “Race” is not thought of as a discrete variable for consideration but as part of an embedded structure of oppression in which the racialized refugee regime is generated and reproduced. - Introduction: The racialized refugee regime. Christopher Kyriakides, Dina Taha, Carlo Handy Charles and Rodolfo Torres. 2019.

This paper aims to contribute to the reflection on effective practices to address protracted displacement, in support of the GP20 Plan of Action roll-out. It expands on the research conducted by Walter Kälin and Hannah Entwisle Chapuisat for the 2017 OCHA-commissioned study Breaking the Impasse: Reducing Protracted Internal Displacement as a Collective Outcome. That study provided a comprehensive picture of the impact of protracted internal displacement, as well as five country case studies in contexts of conflict and disasters.It also offered a road map for addressing such displacement through seven steps, including conducting joint analysis and defining collective outcomes. - Reducing protracted internal displacement: A snapshot of successful humanitarian-development initiatives. OCHA policy and studies series. June 2019.

New estimates from the World Health Organization (WHO) highlight the need for increased, sustained investment in the development of mental health services in areas affected by conflict. - The Lancet: One in five people living in an area affected by conflict has a mental health condition. EurekAlert. 11 June 2019.

Africa

Displacement continues to drive high assistance needs with 4.1 million refugees in the region - 25% of the total global refugee population. South Sudan and Burundi are the main sources of origin for refugees in ESA, while Uganda, Ethiopia, Angola, Tanzania and Rwanda are the main host countries. Armed conflict and political instability in South Sudan, Burundi and the DRC has led to growing humanitarian needs for children and their families, who have been forced to flee into neighbouring countries. Almost 60 percent of the refugee population are children across the region. - UNICEF Eastern and Southern Africa Regional Humanitarian Situation Report - Quarter 1, 2019. UNICEF. 24 May 2019.

LIBYA

Libya is still so dangerous that the International Detention Coalition staff members can’t travel there – as a small international NGO, they can’t get insurance to work there, as most governments advise against all but the most essential travel.  So in February, they travelled to Tunis instead to run a six-day training session for a group of Libyan and sub-Saharan African humanitarian professionals. The participants are working on the ground everyday in Libyan detention centres, and represent various United Nations agencies and aid organisations. - On the ground in Libya: Implementing alternatives to detention. Jerome Phelps. International Detention Coalition. 6 June 2019. 

SOUTH SUDAN

The proportion of food insecure people as projected for May-July 2019 is the highest ever and the food insecurity situation is driven by household food shortages that are typical of a lean season, but have been exacerbated by delayed rainfall, the persistent macro-economic crisis, population displacements, additional needs from returnees, prolonged years of asset depletion, and the generally eroded livelihoods due to continued years of conflict – all of which continue to compromise a majority of the households’ capacity to access enough food during the ongoing lean season. - IPS acute food insecurity and acute malnutrition analysis: South Sudan. IPC. 14 June 2019. 

SUDAN

While Sudan has not currently rolled out the Comprehensive Refugee Response Framework (CRRF), the strategy for out-of-camp assistance which follows a similar approach: It has an aim towards improved humanitarian development “nexus” approaches to support in addressing the additional demand on existing services in refugee hosting areas. This is guided by UNHCR’s country-level inter-agency “out-of-camp” paper, finalized in October 2017. The paper emphasizes the need to avoid establishing parallel systems, and seeking instead to enhance the capacity of local services and existing public facilities, as well as self-reliance through livelihoods and promoting refugee access to income generating initiatives. - Sudan refugee response plan for South Sudanese: January 2019 - December 2020. UNHCR. 3 May 2019.

Nearly 65% of refugees in Sudan are children. Many experience trauma prior to and during their journey to Sudan, putting children at higher risk of abuse, exploitation and violence. - Fast fact Sudan. UNICEF. May 2019.

Americas

CANADA

This paper is a companion piece to the report, Making Social Housing Friendly for Resettling Refugees. It aims to understand the relationships between cost of housing, suitability of housing, and the resettlement process. In many respects, the parameters and conditions of resettlement vary from family to family and individual to individual. However, for many former refugees, resettlement trajectories will involve important considerations like employment, social supports, acculturation, family reunification, language acquisition, education and employment training, establishing new forms of community, and providing care for self and family (including family that remains overseas). This paper includes the accounts of nine interviewees who have desired to have, applied for, or attained social housing. - Resettling refugees' social housing stories. Ray Silvius, Hani Al-ubeady and Emily Halldorson. The Canadian Centre for Policy Alternatives. June 2019.

US

By forcing a vulnerable population to return to a hostile territory where they are likely to face persecution, the Migrant Protection Protocols abandons our tradition of providing a safe haven to the persecuted and violates our international and domestic legal obligations. Moreover, the MPP is entirely unnecessary, as our immigration system has the foundation and agility necessary to deal with the flow of migrants through our Southern Border. - Brief of Amicus Curiae Local 1924 in support of Plaintiffs-Appellees’ answering brief and affirmance of the district court’s decision. US Court of Appeals for the Ninth Circuit. 26 June 2019.

Temporary Protected Status (TPS) has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable. This fact sheet provides an overview of how TPS designations are determined, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status. - Temporary Protected Status: An overview. American Immigration Council. 21 May 2019.

This special issue considers critical questions about displacement, resistance, and bordering practices throughout the region. What is innovative about the framing of this special issue is the cross-regional approach to the study of borders, and the transversal connections it draws across indigenous and migration studies. While the individual authors in this special issue address specific bordering practices, the goal in this introduction is to bring them into discussion. This special issue aims to contribute to broader theoretical and practical debates about border control policies, bordering practices, and indigenous and migrant rights advocacy. - Dis/placing the borders of North America.  Julie Young, Johanna Reynolds and Peter Nyers. International Journal on Migration and Border Studies. 2019.

In a survey released 12 June 2019, the Center for Migration Studies of New York (CMS) analyzes the impact of Trump administration policies on faith-based organizations (FBOs). While countless media reports have documented the effect of Trump-era policies on immigrants and refugees, CMS’s Federal Enforcement Effect Research (FEER) Survey is notable because it provides the perspective of immigrant-serving FBOs, in this case diverse Catholic institutions, programs, and ministries. - The effect of US immigration and refugee policies on faith-based organizations. Center for Migration Studies. 12 June 2019.

This report explores how social innovation in the field of refugee inclusion has evolved in the three years since the peak of the crisis. Given the successes and limitations of different initiatives thus far, it asks the question: what can social enterprises, funding bodies, and policymakers do to maintain the momentum and turn promising initiatives into broader system change? -Social innovation for refugee inclusion: From bright spots to system change. Liam Patuzzi, Meghan Benton and Alexandra Embiricos. Migration Policy Institute. June 2019

Since its creation, the contemporary immigration court system has been perpetually afflicted by dysfunction. Today, under the Trump administration, the immigration court system - a system whose important work is vital for our nation's collective prosperity - has effectively collapsed. This report explains how the collapse came to be and why the immigration court system cannot be salvaged in its current form. Decades of experience incontrovertibly demonstrate that the immigration courts have never worked and will never work to, as Chief Justice John Roberts says, “do equal right” to those who appear before them. - The Attorney General’s judges: How the US immigration courts became a deportation tool. Innovative Lab and Southern Poverty Law Center (SPLC). June 2019.

In summary, the research shows that US Border Patrol agents and other CBP officers abuse migrants, physically and verbally, with significant frequency. In addition, many resent immigrants in general, and display racism toward Mexicans and other Latin Americans, as well as prejudice on the basis of sexual orientation. This suggests that the proposal to make Border Patrol agents asylum officers could lead to imbalanced and adversarial decision-makers, the opposite of what is called for in law. There was a widespread tone of anger and little restraint in the use of cursing and yelling. We found that Border Patrol threats of physical abuse — such as killing, shooting, and abandonment in the desert — were common, which raises concern over the safety and the handling of traumatized people in an asylum context. Finally, there were numerous threats to use law as a form of punishment, which indicates a problematic attitude among persons that might be tasked with gathering information and making legal decisions. - Why Border Patrol Agents and CBP Officers Should Not Serve as Asylum Officers. Josiah Heyman, Jeremy Slack, and Daniel E. Martínez. Center for Migration Studies (CMS) Essays. 21 June 2019.

VENEZUELA

In view of the current situation in Venezuela, UNHCR calls on States to ensure that Venezuelan nationals, stateless persons or individuals who were habitually resident in Venezuela will not be deported, expelled, or in any other way forced to return to Venezuela in accordance with international refugee and human rights law. This guarantee needs to be assured either in the official residence document issued to Venezuelans or through other effective means, such as clear instructions to law enforcement agencies. - Guidance Note on International Protection Considerations for Venezuelans – Update I. UNHCR. May 2019.

The devastating impacts of policies President Nicolás Maduro’s authoritarian regime has imposed since 2013 are driving Venezuelans to flee. Once the wealthiest country in Latin America, Venezuela has suffered complete economic and institutional collapse. Hyperinflation of 1 million percent has effectively rendered the currency worthless—and is predicted to reach 10 million percent in 2019. A dramatic decline of social services and the failure of state institutions have generated severe shortages of basic goods, including food, medicine, and vaccines, while political repression, rampant corruption, and widespread violence have created fear and desperation. -A fragile welcome: Ecuador's response to the influx of Venezuelan refugees and migrants. Refugees International Field Report. June 2019.

Asia

AFGHANISTAN

Violence continues to inflict large-scale casualties and fatalities on the civilian population. Indeed, during the first nine months of 2018, more civilians were killed than during any year since 2014. Highlighting the perilous security environment, some analysts are inferring that the conflict in Afghanistan may surpass Syria as the world’s current deadliest. - Afghanistan in 2018: A survey of the Afghan people. The Asia Foundation. 14 May 2019.

MYANMAR

It is not the first time that the Myanmar military has been accused of serious crimes in Rakhine State. As it has been thoroughly documented by the UN, Amnesty International and others, from August 2017 the Myanmar security forces launched a major attack on the Rohingya population in northern Rakhine State. The security forces killed, raped and tortured thousands of women, men, and children and burned down of Rohingya homes. The violence forced more than 730,000 people to flee across the border to Bangladesh. A UN fact-finding team has called for senior military officials to be investigated and prosecuted for crimes against humanity, war crimes, and genocide. Despite this, members of the Myanmar military continues to enjoy impunity. Investigations into military violations – where they happen at all – are not credible, independent, or impartial, and prosecutions virtually non-existent. - “No one can protect us”: War crimes and abuses in Myanmar’s Rakhine state. Amnesty International. 29 May 2019.

Australia

The Kaldor Centre Principles have been developed with the objectives of ensuring Australia’s compliance with its obligations under international law – including those set out in the 1951 Refugee Convention, its 1967 Protocol and international human rights treaties – and respect for the inherent human dignity of everyone who is displaced and in search of protection. - Kaldor Centre Principles for Australian Refugee Policy. Kaldor Centre for International Refugee Law. June 2019.

Europe

With a view to improving the effectiveness and efficiency of checks at the external borders, to contributing to prevention and combating illegal immigration and to contributing to a high level of security within the area of freedom, security and justice of the Union, including the maintenance of public security and public policy and safeguarding security in the territories of the Member States, to improving the implementation of the common visa policy, to assisting in the examination of applications for international protection, to contributing to the prevention, detection and investigation of terrorist offences and other serious criminal offences, to facilitating the identification of unknown persons who are unable to identify themselves or unidentified human remains in the case of a natural disaster, accident or terrorist attack, in order to maintain public trust in the Union migration and asylum system, Union security measures and Union capabilities to manage the external border, interoperability between EU information systems, namely the Entry/Exit System (EES), the Visa Information System (VIS), the European Travel Information and Authorisation System (ETIAS), Eurodac, the Schengen Information System (SIS), and the European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN) should be established in order for these EU information systems and their data to supplement each other while respecting the fundamental rights of individuals, in particular the right to protection of personal data. To achieve this, a European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID) should be established as interoperability components. - Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816. Official Journal of the European Union. 22 May 2019.

UNHCR cautions that harmonization should not lead to a lowering of rights and standards. Rather, it should be viewed as a means to achieve a fairer and more effective asylum system which reflects international standards and fundamental rights. - On the European Commission proposal for an asylum procedures regulation - com (2016) 467. UNHCR. April 2019.

Notwithstanding the severe consequences for the individuals concerned, including destitution and delays in their integration into the host society as well as implications for the country’s reception capacity for newly arriving applicants, the transition out of asylum seeker accommodation post-recognition is not widely researched and remains under the radar of policymakers. - Housing out of reach? The reception of refugees and asylum seekers in Europe. Asylum Information Database. European Council on Refugees and Exiles. April 2019.

Despite recent improvements in data protection mechanisms in the European Union, refugees’ informed consent for the collection and use of their personal data is rarely sought. Using examples drawn from interviews with refugees who have arrived in Europe since 2013, and an analysis of the impacts of the 2016 EU-Turkey deal on migration, this paper analyzes how the vast amount of data collected from refugees is gathered, stored and shared today, and considers the additional risks this collection process poses to an already vulnerable population navigating a perilous information-decision gap.” Two main takeaways from this research are first, the lack of transparency about the asylum process and how it prevents asylum seekers from entrusting the system with the exact information that would likely win them asylum status. The second takeaway is that innovation in the humanitarian sector may inadvertently be causing distrust within the refugee community and disrupting the asylum process. - Data protection and digital agency for refugees. Dragana Kaurin. World Refugee Council Research Paper No. 12. 15 May 2019.

The EU has chosen to perceive migration as a threat, and is focusing its efforts in securing its borders, increasingly depending on the work of Frontex. With its powers and competences constantly growing, and its budget now being counted in billions, Frontex achieves even greater autonomy. Its reach in European border control, even far beyond EU borders, makes questions about its responsibility for breaches of fundamental rights of refugees and other migrants more urgent than ever. - European Border and Coast Guard: The EU force of securitisation in migration governance. Mariana Gkliati. RLI blog on Refugee Law and Forced Migration. 24 April 2019. 

ALBANIA

This report presents country-of-origin information (COI) on Albania specifically relating to trafficked boys and young men published between 1 January 2016 and 31 March 2019, published by Asylos and ARC Foundation. Legal representatives representing young Albanian asylum seekers in the UK and elsewhere in Europe identified this topic as a major gap in COI relating to young person and child-specific persecution and harm and a common barrier for quality decision making for young Albanian males claiming asylum. - Albania: Trafficked boys and young men. Asylos and ARC Foundation. May 2019.

CZECH REPUBLIC

This article focuses on historical and current migration realities in Czechia, putting them into a broader societal context, and discussing the following key themes: labor migration issues, migration and integration policies, attitudes towards immigrants and immigration, international protection, and emigration. - Migration and integration in Czechia: Policy advances and the hand brake of populism. Dušan Drbohlav and Kristýna Janurová. Migration Policy Institute. 6 June 2019.

HUNGARY

The Commissioner is concerned that the newly adopted and contested inadmissibility ground for asylum has resulted in a systematic rejection of asylum applications and that the applicant is unable to access an effective legal remedy to challenge the decisions. She urges the Hungarian government to repeal the new inadmissibility ground and provide an effective remedy with a suspensive effect on appeal. The Commissioner considers that the systematic and arbitrary detention of asylum seekers in the transit zones raises serious human rights issues. - Report following her visit to Hungary from 4 to 8 February 2019. Dunja Mijatovic. Commissioner for Human Rights of the Council of Europe. 21 May 2019.

Middle East

IRAQ

Some 3,000 Yazidis, mostly women and children, reportedly continue to be missing after having been abducted by ISIS in 2014. Since Kurdish forces recaptured Sinjar in mid-November 2015, dozens of mass graves containing the remains of Yazidis have been found. - COI note on the situation of Yazidi IDPs in the Kurdistan region of Iraq. UNHCR. 6 May 2019.

SYRIA

Since 2011, millions of people have fled Syria seeking refuge either in different parts of the country or in neighboring countries, including Lebanon. In July 2018, the Lebanese government announced that they will facilitate the return of refugees to Syria under an agreement with the Syrian government. In March 2019, General Security announced that 172,046 refugees returned to Syria since December 2017 due to easing administrative restrictions and facilitating and organizing returns. In this document, Amnesty International explains the humanitarian situation of Syrian refugees in Lebanon and why the organized return of refugees back to Syria is not voluntary and premature. - Amnesty International public statement. Amnesty International. 12 June 2019.

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Privacy Policy

his privacy policy describes how we handle the information we collect and receive from you. By using our Platforms you are agreeing to the provisions of this privacy policy.

INFORMATION WE COLLECT AND RECEIVE

We collect and receive information about you in the following ways:

1 Information you give us This includes any information that you provide to us directly, whether through our Platforms or via phone, sms, fax or any other medium, this may include information you give to us:

by filling in forms on our Platforms. Like when you sign-up for an account or when you subscribe or register to use services on our Platforms;

when you enter a competition, promotion or complete a survey;

by posting comments or content on our Platforms;

when you purchase one of our products or services;

when you contact us and when you otherwise provide information directly to us.

2 Information we collect or receive when you use our Platforms, products or services

We collect information when you use our Platforms or services by using cookies, web beacons and other technologies. Depending on how you access and use our Platforms, we may receive:

• Log information (for example information about your interactions with our Platforms and other services you use, the content you view and the search queries you submit);

• Information we infer about you based on your interaction with our products and services;

• Device information (for example the type of device you’re using, how you access our Platforms, your browser or operating system and your Internet Protocol (“IP”) address);

• Location information (for example, your device’s GPS signal and information about nearby WiFi networks and cell towers. We get this information when you use location-enabled services).

3 Information from third-party sources We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in other ways. We may also receive information about you when you choose to connect with social networking services while using our Platforms.

HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE

We use the information we collect and receive for the following general purposes:

1 To provide you with information, products or services you request from us.

2 To communicate with you. We may want to notify you about changes to our Platforms or provide you with information about competitions, products or services that we feel may interest you.

3 To be effective and relevant in the services we provide you. We want to ensure that content from our Platforms is presented to you in the most effective manner for you and for the device you use. We also want to provide you with content that you are likely to find relevant and engaging.

4 To provide effective advertising. Many of our Platforms are supported by advertising. We want to enhance our users’ experience by serving ads that may be useful to them. Some of the ways we do this are by:

• showing you ads based on your online activities, such as the websites and apps you use or the content you viewed, as well as data we have collected about you, data that you have provided to us, or data that we have received from third-party sources;

• limiting the number of times you see the same ad; and

• measuring the effectiveness of the ads we serve.

HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE

We don’t sell your personal information to third parties for their marketing purposes.

We may share information with:

• Our affiliates, in other words, other companies in the Naspers group of companies. Naspers consists of a number of different companies, including Healt Life Port, that all collect customer information. By sharing this information amongst business units, we may learn more about our customers, allowing us to create a more relevant and engaging customer experience.

• Business partners. We may share non-personally identifiable information with select business partners. This means that we do not disclose information about identifiable individuals to our business partners (in other words, we do not give them your name and contact details), but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their ad on any given day). We may also use such aggregate information to help our business partners reach the kind of audience they want to target.

• Other parties in response to legal process or when necessary to conduct or protect our Platforms. We may disclose your information if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our Platforms. We may also disclose your information during the process of debt collection, or to our attorneys in connection with any potential, threatened or actual litigation, or to our auditors for the purpose of auditing our accounts.

• Other parties in connection with certain business transactions. In the event that we sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets.

• Companies that provide services to us. Companies that provide services to us or act on our behalf may have access to information about you. These companies are limited in their ability to use information they receive in the course of providing services to us or you.

• Third-parties where you provide consent. In some cases, third-parties (often advertisers), may wish to attain information about you in order to promote their products to you, or for whatever other reason. We may share information with third-parties where you provide consent in the form of explicit opt-in. Such circumstances may include (but are not limited to) an entry into a competition sponsored by a third-party where the provision of your information is a condition for entry to the competition, or where you express your interest in a product or service for which you would like more information.

We will also ensure that your opt-in is explicit and that we provide a clear description of what data would be shared with the third-party. Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data; therefore, be sure to investigate their privacy policies before providing permission for us to share your information.

• Other parties that provide content, advertising services, or functionality on our Platforms. Some of the content, advertising, and functionality on our Platforms may be provided by third parties that are not affiliated with us. Such third parties include:

o advertising providers, which help us and our advertising customers provide ads that are tailored to users’ interests and understand how users respond to those ads; o Audience-measurement companies, which help us measure the overall usage of our Platforms and compare that usage to other online services; and o Social networking services (like Facebook, Twitter, LinkedIn, Instagram) that enable you to register and log into certain of our services and to share things you find on our Platforms with your social network. This is only applicable if you choose to connect with a social networking service; we may provide other registration and login methods.

These third parties may collect or receive information about your use of our Platform, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected on different websites and online services. It’s important to remember that we don’t control the privacy practices of these (or any other) third-party services. So we encourage you to read the privacy policies of these services before connecting to them.

YOUR CHOICES

You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We manage a number of separate distribution lists across the various Health Life Port business units, each having its own theme and purpose. By opting out of one distribution list, does not automatically remove you from all other lists. You cannot opt-out of routine service correspondence from us, because then we would not be able to provide services to you.

Our Platforms use cookies. If you wish to reject our cookies, you can configure your browser to do so. A cookie is an alphanumeric identifier which we transfer to your hard drive through your web browser when you visit our Platforms. It enables our own system to recognise you when you visit our Platforms again and improve our service to you. Cookies may also be used to compile aggregate information about areas of our Platforms that are visited most frequently. This traffic information can be used to enhance the content of our Platforms and make your use of it easier.

OUR COMMITMENT TO SECURITY

Although no one can guarantee the security of the information collected and received, we do employ a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this.

LINKS TO OTHER WEBSITES

Our Platforms contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects personal information.

INTERNATIONAL USERS

Health Life Port is based in South Africa, and, regardless of where you use or access our Platforms, products, or services, your information may be transferred to and maintained on servers located in South Africa (or elsewhere in the world). Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.

CHANGES TO THIS PRIVACY POLICY

We may update this privacy policy from time to time. Any changes we may make to our privacy policy will be posted on this page and, where appropriate, notified to you in the appropriate manner.

Privacy Policy

[motaafricaa]

Maximizing The Value Of Intellectual Property: Strategies For Business Owners

Intellectual property (IP) is a valuable asset that can give businesses a competitive advantage and drive innovation. As a business owner, it's crucial to proactively protect and maximize the value of your intellectual property. Here are five essential tips from commercial law firms in South Africa to help you make the most of your IP assets:

Secure IP Rights Early and Strategically: Timing is crucial when protecting your intellectual property. File for patent, trademark, or copyright protection as early as possible to avoid leaving your IP vulnerable to copycats and legal challenges. Work with experienced intellectual property lawyers in South Africa who can help you identify which innovations or brand elements deserve protection and guide you through the application process.

Conduct Regular IP Audits: Performing periodic IP audits is vital for understanding the value and strength of your intellectual property portfolio. Evaluate the relevance of your IP assets to your business strategy and identify areas for improvement. An IP audit can also uncover potential gaps in protection or outdated IP that no longer serves your business interests. Staying informed about the status of your IP assets empowers you to make informed decisions about licensing, enforcing, or divesting certain IP assets.

Explore Licensing and Partnerships: Licensing your intellectual property to other businesses can be a lucrative way to generate additional revenue without direct production or marketing efforts. Consider licensing agreements that allow others to use your patents, trademarks, or copyrights in exchange for royalties.

Vigilantly Enforce Your IP Rights: Protecting your intellectual property doesn't end with securing rights; you must also actively enforce them. Monitor the market for potential infringers and take swift legal action against those who violate your IP rights.

Stay Informed About Market Trends and Competitors: Staying informed about industry trends and your competitors' activities is crucial for identifying potential IP opportunities or threats. Conduct regular market research and keep an eye on emerging technologies or changes in consumer preferences that may impact your IP strategy.

About Mota Africa Mota Africa is a leading law firm offering expert intellectual property and patent attorney South Africa services to businesses in Africa. Safeguard your innovations and brand with their strategic protection and enforcement strategies. Visit https://mota.africa/ for service details. Original Source: https://bit.ly/3YmLhCg

[marymosley]

Considering the Value of Patents in African Countries

The following is a guest post from South African patent attorney Ralph van Niekerk of Von Seidels

Like all IP rights, patents are territorial and if you want to stop a competitor from practicing an invention in a particular country, you need to have a patent there.

Given the global world we live in, successful inventions tend to be adopted widely and used in many countries. This is a fortunate position for patent holders, who can often protect their competitive global position by filing patents in only a few key countries in which patent rights are respected and enforceable.  If a competitor is not able to practice the invention in those markets, the feasibility of doing so in the rest of the world is limited.

For many patent holders, protecting their inventions internationally does not extend much beyond the IP5: China, the United States, Japan, South Korea and Europe. The following graph of patent applications at the top ten offices shows that patent filings drop off very quickly outside of the IP5:

Source: World Intellectual Property Indicators 2017, published by the World Intellectual Property Organization (WIPO)

Given the picture above, is there much value in having patents in other countries in the world? In particular, is there any real value in having patents in Africa, and especially in some of the smaller African countries?

As a South African patent attorney, I am frequently asked a version of this question by clients overseas. Since a patent is a right to exclude others from practicing the invention, I am quizzed as to what the patent litigation landscape is like in Africa and how easily a patent can be enforced against a competitor. Patent litigation in Africa is rare outside of South Africa, however, and objective measures of the strength of enforcement may not be available in many African countries.

But does the fact that a patent gives you the right to bring legal action against a competitor mean that the patent has no value to you unless you plan to enforce it? The answer is a resounding “no”. There are several good reasons to have a patent in African countries even if you never plan to enforce it there. I would go so far as to say that there are even good reasons to have a patent in a country in which enforcement options are limited to non-existent.

Royalty rates and exchange control

Many African countries have strict exchange control requirements that govern the flow of capital into and out of their economies. For a global company doing business in Africa, expatriating profits made from their African operations may not be a simple matter. Local officials may carefully scrutinise cross-border licence agreements and query the royalty rates charged.

Transfer pricing principles must be applied when supplies are made between related entities within a corporate group structure. In particular, when royalties are paid by a local subsidiary to a foreign parent company, the royalty charged must be aligned with what would be charged on an arms-length basis between unrelated parties.

A granted patent held by a parent company in a country of a local subsidiary can be powerful evidence that the technology being licensed is unique and justifies a higher royalty rate to be paid to the parent company. A local patent can be very useful in convincing exchange control authorities of this fact.

Tender processes

If the patented invention is one that will be used by government authorities, a local patent can help avoid what would otherwise be a competitive tender process.

I recently saw an example of this when the City of Cape Town asked my client for evidence that its water filtration system was patented. We provided details of the patent and the City issued my client with a letter confirming that they were the sole supplier of the system. The City did not go through the usual rigmarole of issuing a tender for competitive bids and this resulted in a valuable contract renewal for my client.

Local patents can therefore enable government contracts to be obtained more easily and on more favourable terms for products and services covered by the patent. To obtain single-supplier procurement and avoid an open tender, a patent may be very beneficial indeed.

Competition law liability (Antitrust)

While some countries in Africa may have weak enforcement of IP rights, the same is not true of their competition laws. African competition law regulators are effective in many countries and fines of up to 10% of a company’s turnover may be awarded. In South Africa, amendments to the Competition Act are in the pipeline that would see penalties increase to up to 25% of turnover for second offences.

A patent can justify commercial arrangements that would otherwise be anti-competitive. For example, tying arrangements are situations where a company agrees to supply a first product to another company, on condition that the other company also buy a second product from them. Such arrangements are usually seen as anti-competitive, but if both products are the subject of patent protection and are bundled as part of the same licence this will usually not be a problem. Similarly, boycotting a competitor by refusing to sell them a product may be anti-competitive unless the product is the subject of a local IP right in which case it is the supplier’s prerogative to whom to sell it. If a firm is dominant and has market power, charging an excessive price for a product or service or refusing to grant access to an “essential facility” may also be anti-competitive unless that product, service or facility is covered by an IP right.

South Africa’s Competition Act provides, in section 10(4), that, “A firm may apply to the Competition Commission to exempt from the application of this Chapter an agreement or practice, or category of agreements or practices, that relates to the exercise of intellectual property rights, including a right acquired or protected in terms of … the Patents Act”. An application for exemption under this provision is only available based on a local, South African patent. Similar considerations would apply in other African countries.

As a shield to potential competition law liability, patents in African countries can therefore be extremely valuable.

Tax benefits

Some African countries offer tax benefits to encourage local research and development. For example, section 11D of South Africa’s Income Tax Act provides an incentive for conducting R&D in South Africa. The incentive is by way of enhanced tax deductibility of up to 150% for qualifying expenditure incurred in respect of R&D. South African patents may be used to bolster an application made under section 11D, as the definition for R&D includes:

systematic investigative or experimental activities of which the result is uncertain for purpose of discovering non-obvious scientific/technical knowledge, or creating an invention, a registerable design, a computer program (as defined in the relevant IP legislation) or knowledge essential to the use of such invention, design or computer program; or developing or significantly improving any qualifying invention, design, computer program or knowledge if such development or improvement relates to any new or improved function or improvement of performance, reliability or quality. [My emphasis]

So for any patents that relate to developments that occurred at least partially in South Africa, having registered IP rights like patents helps demonstrate that the R&D activities fell within this definition. It is expected that other African countries will also adopt similar progressive measures in future to stimulate local R&D.

Conclusion

A narrow view of patents sees their function as only their ability to exclude competitors, so as to enable the patent owner to either exclusively practice the invention or license it to others.

This article has explored four other good reasons for having patents that may be even more valuable to a patent owner than the right to exclude. None of these reasons involves the quality of the local courts or available enforcement mechanisms, and should be taken into account when deciding where patent protection may be valuable.

Considering the Value of Patents in African Countries published first on https://immigrationlawyerto.tumblr.com/

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Line Play Hack

Key Advantage And Difference Between 3D Games And 2D Games Line Play Hack Tool Dell has introduced its living room gaming equipment- Alienware Alpha with great pride and excellence. This past February, a federal judge in Illinois handed down a 27-year sentence to Nigerian national Olayinka Ilumsa Sunmola, a 33-year-old scam boss based in South Africa, for his role line play hack tool in multiple international romance scams from 2007 to 2014. Sunmola and his crew had concocted fictitious online profiles on popular dating websites ― most notably, ― to lure unsuspecting women, said a press release from the U.S. Attorney's Office for the Southern District of Illinois. User experience and user interface (UI UX)- User experience and user interface are key to the success of any software and care management solutions are no exceptions. UI & UX (User experience and user interface) of care management software product should be simple enough so that user of all the age groups can understand it and can use it very easily. This factor is more important in the healthcare sector as chances of an elderly person using the software are very high. Setting up the 802.11b WiFi is easy. Just name your connection (Home, Work, etc), put in the SSID access point name, a WEP key if any, and then setup IP and DNS addresses (or choose automatic if using DHCP). There's a network test when you are done, telling you your current signal strength and whether your Internet line play hack connection succeeded or not. Taking a page from Microsoft, you can also update the PSP OS via a Network Update. Our tech geekiness led us to try to update the system (it's less than a week old) before even playing games. Our system already had the latest version, as there were no updates from Sony.

10 Things Your Rivals Can Teach You About Line Play Evaluate

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Roger Wilkins: A Man of Honor for a Tempestuous Time by Robert Borosage

Roger Wilkins has left us, just after his 85th birthday. A great champion of social justice, proud father and good friend, he will be missed.

Born into an educated middle class family, Roger was raised with high expectations. His father, business manager of the Kansas City Call, a black weekly newspaper, passed away when Roger was eight, but had already impressed upon his son the importance of education and a love of language.

“Great things are expected of you,” he wrote the 2-year-old in a letter, “Never, never forget that.” Roger’s early mentors included his uncle Roy Wilkins and Thurgood Marshall, when both were leading the NAACP’s fight to end racial segregation.

Educated in public schools in New York City and Grand Rapids, Michigan, Roger attended the University of Michigan, earning BA and law degrees there. In 1960, the excitement of the Kennedy election lured him to Washington and public service.

At a remarkably young age, Roger ascended to the highest circles of government, rising to Assistant Attorney General as Lyndon Johnson was forging the greatest era of liberal reform since FDR. In his autobiography A Man’s Life, Roger wrote of the harsh pressures, the intended and unintended racial slights, and internal struggles and insecurities of that heady position.

In its obituary, the New York Times wrote, “Mr. Wilkins had little personal experience with discrimination.” In fact, Roger bore the scars from making his way in overwhelmingly white circles of power.

As the civil rights movement drove change from the streets, Roger became its advocate and translator on the inside. There he pushed against the arrogance, ignorance and complacency of the powerful. On the streets, he was often scorned as a token or a sellout. The pressures took a toll on him and his family.

In that crucible, Roger learned first hand the truth about social change. As he wrote,

The civil rights progress of the Kennedy and Johnson years was not made because enlightened public officials perceived a need and took the lead. It was made because an energized interracial civil rights movement defined the issues, mobilized public opinion and forced the White House to act.

After a stint running domestic programs at the Ford Foundation, one of the most powerful African Americans in the philanthropic world, Roger joined the editorial board of the Washington Post, and found his true calling as a writer and journalist. At the Post, his editorials, the reportage of Bob Woodward and Carl Bernstein, and the cartoons of Herbert Block on the Watergate scandal that drove Nixon from office earned the paper the Pulitzer Prize. From the Post, Roger moved to the New York Times writing editorials and opinion pieces.

In these rarified positions, Roger pushed against the conventional limits. He called for bold action when caution was too often the watchword. He mentored and protected younger African Americans trying to navigate their way. He pushed hard to open doors and knock down barriers.

“In a sense,” he wrote, I have been an explorer and I sailed as far out into the white world as a black man of my generation could sail.” “I could not stand white people shutting doors in my face, so I pushed through plenty of them.”

After he left the Ford Foundation, more blacks, some women and some younger people were put on the board. Mac Bundy, its president, said, “I didn’t know one man could change an institution as much as Roger did, but he did it.”

At the Justice Department, he was called the “conscience” of the Department. Washington Post editor Ben Bradlee credited him for helping him to see the need for more racial opening at the Washington Post. At the Times, he joined a successful affirmative action lawsuit that drove change at that institution even as it burned his own bridges there.

He was, in his heart, a man of the left. In 1982, he joined the Institute for Policy Studies that I then directed. In Reagan years, IPS was like a candle flickering in a harsh wind. In many ways, Roger was more comfortable standing against that gale than he had been in the high offices of government. He joined the Nation’s editorial board. He contributed his stature and his wisdom to friends and advocates from the Children’s Defense Fund to the NAACP, where he became publisher of its Crisis Magazine.

He galvanized the Movement to Free South Africa, organizing daily civil disobedience before the South African embassy in Washington, inspiring the young and the famous to demonstrate and get arrested. He then helped organize Nelson Mandela’s historic trip to the US after his release from Robben Island. Eager to touch the next generation, he became a prestigious professor at George Mason University, inspiring students with his learning and his humanity.

Few have provided greater insight into how racism has scarred this nation. Few wrestled so fiercely with the contradiction between the nation’s ideals and its flawed reality. In his book, Jefferson’s Pillow, Roger offered a raw-to-the-bone portrait of a black man reckoning with the slave owning founders of our nation, the contradictions of a Jefferson, carried as a young boy on a pillow by a slave, writing that “all men are created equal.”

Roger’s integrity would not allow him to simply whitewash the Founder’s acceptance of slavery. His knowledge was deep enough to understand that blacks had helped build this nation from its beginning, even supplying a good portion of Washington’s troops. His mettle was strong enough to claim for African Americans a place as patriots, not exiles, in their own land.

“In a culture that batters us,” he wrote, “learning the real history is vital in helping blacks feel fully human. It also helps us to understand just how deeply American we are, how richly we have given, how much has been taken from us, and how much has yet to be restored.”

For those blessed to have Roger as a friend, he was a mensch. He was the best man at my wedding, and my best friend for over 30 years. He provided wisdom, guidance and cover for projects we launched together. He brought me into the Jesse Jackson campaign in 1984 and we worked together in the historic 1988 run.

We shared stories and jokes; he had a big and wonderful laugh. Our families traveled and played together. My daughter remembers Uncle Roger as the one who always gave her a kiss on the cheek and told her she was beautiful.

Words fail to give full measure of the man – statesman, journalist, writer, philanthropist, activist, organizer, professor, father, husband, friend. He fought with demons his entire life. “My life wasn’t always neat and tidy,” he wrote, “and I didn’t always do the right thing,” but… there were some good things.”

He met the test that he reported Thurgood Marshall wanted applied to his own life: “I hope they’ll say,” referring to future generations, “he did the best he could with what he had.” Roger Wilkins, a man of honor in tempestuous times, surely did that.

[motaafricaa]

Protect Your Inventions and Creations with the Help of Legal Experts!

If you want to safeguard your intellectual property (IP) rights, it's essential to seek advice from a qualified patent attorney South Africa. They can offer valuable guidance on various aspects of IP law, including filing for patents and protecting trade secrets. To understand why you may need an intellectual property lawyer, it's crucial to know what intellectual property rights are. These rights refer to the exclusive right to use, make, and sell a creation or invention, such as a product, logo, design, or process. Registering a patent, copyright, or trademark can secure these rights with a government agency, protecting your invention or creative work from unauthorized use. Hiring an experienced intellectual property lawyer is vital if you're seeking advice about patents or other IP rights. Here are three key reasons why: 1. Experienced Legal Advice A qualified patent attorney has the expertise and experience to provide reliable legal advice on all aspects of IP law. They can file necessary documents to register your IP rights, research and prepare evidence for patent applications, and defend your IP rights in court if necessary. 2. Strategic Counsel Intellectual property attorneys in South Africa can also provide strategic counsel to help you maximize the value of your IP portfolio. They can advise on how best to monetize your IP assets and ensure that you receive the maximum return on investments in patenting and other forms of IP protection. 3. Cost-Effective Solutions Hiring an intellectual property lawyer can save you time, money, and energy when it comes to protecting your intellectual property. While their fees may be more expensive than those of non-specialists, their expertise and experience will often result in more cost-effective solutions than if you were to handle the matter yourself. In conclusion, by hiring a commercial law firms in South Africa for advice about patents or other IP rights, you can rest assured that your creations and inventions are adequately protected under the law. This will allow you to focus on developing new products and ideas while still ensuring that your existing creations remain protected from infringement. For more legal advice, visit https://mota.africa/. Original Source: https://bityl.co/J9MX

[motaafricaa]

Intellectual Property Lawyers: How To Prepare For Your First Consultation

If you are a business owner or entrepreneur in South Africa, protecting your intellectual property (IP) is crucial to your success. This is where intellectual property lawyers in South Africa help you safeguard your IP rights and defend them if necessary. However, before you meet with your intellectual property lawyer, you must prepare yourself adequately. In this article, we will discuss how to prepare for your first meeting with an intellectual property lawyer in South Africa. Do Your Research: Firstly, you need to find a reliable and experienced intellectual property lawyer to represent you. You can start by searching for commercial law firms in South Africa specialising in intellectual property law. You can also look for patent attorneys in South Africa who can assist you with filing patents and trademarks. Once you have a list of potential lawyers, research their qualifications, experience, and track record. This will help you choose the right lawyer for your needs. Know What You Want to Protect: Before meeting with your intellectual property lawyer, you should know what intellectual property you want to protect. This could include trademarks, patents, copyrights, or trade secrets. It helps to have a clear idea of your business goals and how your intellectual property fits into your overall strategy. By clearly understanding your intellectual property, you can communicate your needs effectively to a lawyer. Prepare Your Questions: You should prepare a list of questions to ask intellectual property lawyers during your first meeting. These could include questions about the legal process, the costs involved, and the expected outcomes. You should also ask about the lawyer's experience and their success rate with similar cases. By asking the right questions, you can ensure that you are fully informed and make the best decisions for your business. Gather Relevant Documents: You should bring any relevant documents to your first meeting with your intellectual property lawyer and patent attorney South Africa. This could include patent or trademark applications, contracts, or any correspondence related to your intellectual property. By providing your lawyer with all the necessary information, they can provide you with the best legal advice and representation. Be Honest and Open: During your first meeting with your intellectual property lawyer, being honest and open about your business and your intellectual property is essential. You should share any concerns or issues that you may have and be transparent about your goals and expectations. Visit https://mota.africa/ to hire the best commercial lawyers. Original Source: https://bityl.co/HhlW

[regentlaw]

Top Criminal Defense Lawyers:Singapore

MATHEW KURIAN

Mathew is an Advocate & Solicitor of the Supreme Court of Singapore. Prior to joining Regent Law LLC as a Director, he was a Partner at Edmond Pereira & Partners.

Mathew has an LLB (Honours) from the University of Buckingham, UK; MSc (Strategic Studies) from the Nanyang Technological University, Singapore; Post Graduate Diploma in Singapore Law from the National University of Singapore; and Graduate Certificate in Terrorism Studies from the International Centre for Political Violence and Terrorism Research (ICPVTR) of the Nanyang Technological University.

His practice covers a broad spectrum of criminal, employment and commercial law. Mathew has appeared in the High Court and Subordinate Courts for both criminal and civil matters.

In the criminal law arena, Mathew's interests lie in commercial crime and cross-border criminal proceedings. Mathew handles all types of criminal matters and specialises in commercial crime, corruption offences, corporate fraud, sexual offences, unlicensed money-lending and drug offences. In addition, he also defends clients charged with immigration, customs and MOM offences. Mathew is also trained in forensic examination of documents used for the purposes of fraud and has helped companies battle corporate fraud.

In the commercial and corporate law arena, Mathew provides advisory services to Small and Medium Enterprises (SMEs) and also advises on matters concerning shareholders agreements, share purchase agreements, distribution agreements etc.

Mathew recently acted as the lead counsel in the acquisition of a local company by a U.S. listed conglomerate with a market capitalization of USD5 billion and has also acted in a number of acquisitions of SMEs. He is also a legal and corporate adviser to numerous SMEs and is a Member of the Singapore Institute of Arbitrators.

Mathew is an adjunct law lecturer at the Temasek Polytechnic. He also conducts seminars cum lectures for various organisations including Temasek Polytechnic, Security Industry Institute (SII), Singapore Customs and Certis CISCO. He is a law trainer for customised courses such as the Diploma in Police Studies and Security Management and the Fire Safety and Security Management courses for the Police and the private sector.

Professional Affiliations:

Member, American College of Forensic Examiners Institute.

Member, Association of Certified Fraud Examiners, USA.

Member, Singapore Institute of Arbitrators.

Member, Law Society of Singapore.

Member, Singapore Academy of Law.

KALAITHASAN KARUPPAYA ("Kalai")

Kalai graduated from the University of London with LLB (Honours) in 1999. He also holds a Master's in Business Administration (MBA) from the University of Southern Queensland, Australia in 2003.

With more than 16 years of Court experience in diverse range of Singapore laws, Kalai is an experienced trial litigator with more than 100 trials under his belt. Kalai is a solutions-driven legal professional.

As an Assistant Public Prosecutor with the Attorney General's Chambers (AGC) from 2001 to 2017, Kalai has prosecuted numerous criminal cases in the State Courts of Singapore.

Kalai was also an Assistant Director (Legal) (Court Prosecution and Registry) of Ministry of Health (MOH) and has provided comprehensive range of legal services to the MOH including protecting the interests of the Government, the Ministry, and the public healthcare sector at large.

CHERYL SIM

Cheryl is an Advocate and Solicitor of the Supreme Court of Singapore and a Legal Associate in the firm's Criminal team. While her main area of practice is criminal and corporate law, she also assists in the firm's family, commercial and civil matters. Cheryl also has experience in construction matters and is quite adept in its specialised areas of adjudication and security of payments under the Building and Construction Security of Payment ("SOP") Act.

Cheryl graduated with a Bachelor of Laws (Honours) from the University of Bristol (UK).

Cheryl is fluent in English and Mandarin.

P. THIRU

Thiru is an Advocate and Solicitor of the Supreme Court of Singapore. He is a legal associate with Regent Law LLC and was called to the Singapore bar in 2002.

Thiru holds an LLB (Hons) degree from the University of London and an LLM from the University of Johannesburg, South Africa.

His practice covers both criminal and civil matters. He also conducts lectures and seminars on business and company law for various educational institutions.

LOUIS JOSEPH

Louis Joseph, MA, LLB, is an old boy of St John's Institution in Kuala Lumpur. He is a barrister of Gray's Inn and an advocate & solicitor of Singapore and Malaysia.

He has taught and practised law for more than 25 years and is widely published (including in refereed law journals) in Malaysia, Singapore, England and Canada.

He was for some time a partner in Harry Elias & Partners

After many years of corporate, commercial & IP law practise (including a 9-year stint in- house in London), he has moved to criminal and civil litigation and has argued cases in the High Court and the Court of Appeal of Singapore.

Louis prides himself on his careful preparation and his academic experience has prepared him well to take and argue difficult and complex issues of fact and law. He is very approachable and friendly but he does not compromise his habit of giving realistic and practical legal advice.

Louis has a measured approach, is always enthusiastic, has a capacity for thinking around the issues, has bags of common sense and is utterly reliable.

He has deep interest in 4 areas, viz general (including serious) crime, corporate fraud, bribery and corruption and professional disciplinary matters.

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