Marco Vatta and Megan Dinnie of Spoor & Fisher look at the fast-changing world of intellectual property.
The world of intellectual property (IP) is undergoing a rapid transformation throughout Africa, and 2023 is gearing up to be an eventful year. There are numerous exciting trends to watch, ranging from the continued ascent of personalisation and individualisation, using data collection and the responses thereto in the digital age, to the expanding use of artificial intelligence.
With this in mind, we review some of the high-impact intellectual property activities in Africa over the past year, especially those aimed at policy change and improving the protection of intellectual property rights across the continent.
SA COPYRIGHT ACT CHALLENGED
The constitutionality of South Africa's Copyright Act was called into question in Blind SA v Minister of Trade, Industry, and Competition and Others, as it does not permit organisations representing blind and visually impaired people to produce accessible copies without the copyright owner's consent.
The apex court of South Africa unanimously acknowledged the unequal access to literature for those with impairments and ruled that the legislation be amended within 24 months of the judgement to remedy this unfair discrimination; at the same time, eyes are still on the highly controversial Copyright Amendment Bill, about which The National Chamber of Provinces is currently conducting a consultation. Read more