Committees

Purpose Statement

Recognising the many advantages which alternative dispute resolution (“ADR”) presents, to promote ADR in the field of intellectual property law in Southern Africa and to take steps to implement and encourage the use of ADR procedures in this field. The committee is also specifically tasked with overseeing and managing the SAIIPL’s Alternate Dispute Resolution Service, which is currently limited to .co.za domain name disputes in terms of the ADR regulations to the Electronic Communications and Transactions Act.

Goals

Continuing to offer training for senior and trainee adjudicators by conducting a high level training seminar with international speakers and exploring the possible rolling- out of the SAIIPL Alternate Dispute Resolution Service to other domain namespaces within Africa, as well as other namespaces in .za and to trade mark oppositions. Establish a verification panel for Sunrise periods, subject to Uniforum being successful in bids for Africa and city name domains.

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Purpose statement

The purpose of the committee is to:

• engage role players (SARS, DTI, CCU, NPA, etc.) under collective banner of the institute – with regular meetings to discuss practice and policy issues
• Drive amendments to CGA legislation
• Show united front in practice and policy issues
• Share information pertaining to anti-counterfeiting activities, suppliers and/or suspects in order to develop best practice
• Train stakeholders and officials in order to raise level of practical competence in anti-counterfeiting.

Goals

• Formulation of position with ACTA
• Training of NPA (This carried forwards from last year)
• Meeting with Customs to discuss drop in detentions at ports and borders, particularly at Durban Harbour.

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Goal and Purpose Statement

The committee reports on any developments in the above filed specifically relevant to IP. Matters relevant in a general commercial sense, i.e. not specifically as a result of an IPR, shall not be reported.

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Purpose statement

The purpose of this committee is twofold viz firstly to maintain, and amend from time to time, the Constitution, Code of Ethics and Regulations of the Institute in order to provide the Institute with a relevant and updated Constitution and Code of Ethics (and the necessary Regulations) that are in line with the norms of the Law Society of the Northern Provinces. Secondly, the committee is called upon when a complaint is made against a member, to investigate such a complaint and, if necessary, to recommend to the Council of the Institute the taking of disciplinary steps against such a member.

Goals

The goal of the committee is to review the Constitution, Code of Ethics and Regulations, in consultation with members of the Institute, and to propose any amendments that the committee may consider necessary or desirable for adoption by Council and for proposal to the members at a General Meeting.

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Purpose Statement

The purpose of the CLC is to monitor, consider and advise on developments relating to copyright law and ensure that there are meaningful developments in law and policy, report to the SAIIPL members on cases dealing with copyright where relevant and provide mentoring to and advise SAIIPL students of copyright law developments.

Goals

• To review the current Copyright Act to consider and propose necessary amendments to update the Act and thereby ensuring that it adequately covers modern business realities such as e-commerce and the internet
• To commence a process of having them implemented

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Purpose statement

The purpose of the education committee is to appoint moderators and examiners who in turn compile syllabuses and provide lectures, examinations and training for candidates who wish to become proficient in trademarks and to qualify as trade mark practitioners in terms of the Institute regulations.

Goals

• To educate IP professionals in South Africa through appropriate and relevant training in trademark law
• Improvement of communication between the students and examiners.

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Purpose Statement

The purpose of the committee is to arrange and co-ordinate events for the SAIIPL in an effort to bring together its members in more social settings, to allow interactions between them in less formal environments. We aim to get members together to forge better relationships between them and the various firms and to ensure that opportunities to do so occur at regular intervals throughout the year. These social events encourage camaraderie amongst the members and hopefully help to build a more united SAIIPL.

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Purpose Statement

IP Law forms an integral part of International Law, primarily as a result of International Treaties being agreed upon by nations. Each country is afforded the opportunity of incorporating the Treaties into National Legislation. Accordingly, the Committee is tasked with evaluating and analysing the objectives in a specific treaty with a view to assessing the potential benefits to be derived by South Africa joining such Treaties. The nature of the various International Treaties requires analysis in order to assess the value and benefit of each treaty to South Africa which enables the Committee to make a recommendation concerning accession. Adherence to various Treaties brings to the table potential benefits to the country some of which have a direct economic impact; others could lead to improved protection for right holders in respect of IP whilst others relate more to administrative / procedure advantages within the context of the IP registration system in the country. Almost without exception, most IP Treaties were negotiated in the absence of developing and least developed nations and the needs of such nations may not have been considered when the Treaties were drafted. The various Treaties should be analysed and strategic recommendations made as to whether accession will be in the best interests of South Africa.

Goals

The Committee continues to consider various Treaties and more recently how provisions will impact on our International obligations in terms of Conventions and Agreements. However, clarity must be obtained in respect of the implementation of DTI’s IP Policy Document on the Access to International Treaties.

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Purpose statement

As a sub-committee of the Institute Liaison Committee, our purpose is to liaise with officials at CIPC in connection with existing and future IT systems and especially to bring problems, such as inaccuracies and “down time” to the attention of the officials, to find solutions and to inform members of thereof. We also meet separately with CIPC on an ad hoc basis to assist with new IT projects such as e-filing and the e- Journal.

Goals

To maintain a good working relationship with CIPC and DTI IT officials and to bring errors on the system to their attention and to assist in finding solutions.

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IT LIAISON COMMITTEE MEMBERS
NAME	EMAIL ADDRESS

(A SUB-COMMITTEE OF THE PUBLIC AFFAIRS COMMITTEE)

Constitution

The Patent and Design Law Committee of the Institute of Intellectual Property is chaired by Mr. Ralph van Niekerk, and has committee members from almost all of the member firms of South Africa that specialise in patent and design law. The committee meets on an ad hoc basis to discuss a wide range of legal issues that potentially affect the rights of patent and design rights holders, the rights of third parties and the efficient functioning of the day to day practice of patent and design law specialists.

Purpose statement

The committee would, typically, consider judgments handed down by the Court of the Commissioner of Patents, and the High Court, and evaluate the impact of these judgments with a view to considering proposals concerning legislative amendments, where appropriate. The committee also routinely considers any relevant Bills that are published, and where appropriate, prepares and submits comments through the appropriate channels on behalf of the Institute.

Goals

• to “assume” guardianship of the patent and design law;
• to work towards improvement of patent and design law in the interest of the ZA public, whilst taking cognisance of international developments and to assist with implementing such improvements in appropriate legislation; and
• to work with and assisting the relevant government institutions in achieving the aforementioned, as well as building and maintaining a properly functioning and user friendly patent and designs office.

Purpose statement

The purpose of the committee is to promote the development and enforcement of Plant Breeders’ Rights in South Africa, in particular by providing input and comments on proposed changes to legislation and regulations; and to assist members practising in the area of Plant Breeders’ Rights by sharing information and ideas.

Goals

To maintain a good working relationship with the Registrar of Plant Breeders’ Rights and continue provide comment, input and assistance with the draft Plant Breeders’ Rights Amendment Bill.

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PUBLIC AFFAIRS COMMITTEE MEMBERS
NAME	EMAIL ADDRESS
TBC

Purpose Statement

The Trade mark Law Committee of the Institute of Intellectual Property is chaired by Alicia Kabini. The committee meets on an ad hoc basis to consider and advise the Council of the Institute on specific trade mark related matters that may arise from time to time.

The purpose of the Trade mark Law Committee is to consider and advise on developments in trade mark law, by considering and reporting both to the Council of the Institute as well as SAIIPL members, any relevant legislation, regulations or judgments impacting on trade mark law or practice.

Goals

• To strengthen and defend the protection and enforcement of trade mark rights in South Africa.
• To take cognisance of international and local developments in trade mark law.
• To provide clarity on the effect of legislation and case law.

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Purpose Statement

The purpose of the committee is to increase effective dialogue and foster good working relationships between CIPC’s trademarks division and members of the IP profession; and to provide a forum for members of the profession to raise concerns and to provide feedback on the operations of the trade marks division, and to provide an opportunity for officials within the division to deal with such issues and feedback, and vice versa.

Goals

• To increase efficiency of the flow of information between CIPC’s trademarks division and members of the public and the IP profession;
• To improve relationships with CIPC officials

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WEBSITE COMMITTEE MEMBERS
NAME	EMAIL ADDRESS
Michelle Macguire (Convenor & Rapporteur)	saiipl@saiipl.co.za