Intellectual Property Made Simple
 

Intellectual Property Made Simple

SKU 978-1-928309-34-5
Trade marks, copyright, designs and patents involve different forms of intellectual property rights. In our daily lives, from the music we download, to photographs we post, to goods we buy and products we manufacture, intellectual property is present. However, their laws have terminology and concepts that can be difficult for us to understand.
This book simplifies the nature, creation, and ownership of these different intellectual property rights. It explains the procedures for registration, and the remedies for enforcement, all in bite-size sections which are easy to read and simple to understand.

About the author
 
Owen Salmon SC is a senior advocate in practice at the Johannesburg Bar. His career has been a lifetime advising and representing the owners and users of intellectual property - including in many leading cases.
 
A Fellow of the South African Institute of Intellectual Property Law since 1990, Owen has a Master’s degree in IP law, has lectured at several universities, and has delivered and published numerous papers on various aspects of IP law.  For ten years he was an external examiner in trade mark law for SAIIPL. He has served as an Acting Judge in the Johannesburg High Court, and is frequently appointed as a Senior Adjudicator in domain name disputes.
 
Owen is also a musician and creative writer. For over a decade he played lead guitar (and wind instruments) in a band that he formed and which played all over the country.  He sat on the Board of the Writers Guild SA, the country’s representative body for performance writers. He is the author of Law Made Simple – Compliance for Business, Citizens and Government, the first edition of which (under the title Lawful Living) was honoured with an endorsement by Archbishop Desmond Tutu. Owen's first fiction novel When Men Love a Woman is due for publication in 2021
 
Endorsements 

‘An English court once said that there is no universal definition of “intellectual property” or “intellectual property law”, and although there is consensus as to its core content (patents for inventions, copyright, aesthetic and functional design rights, and trademarks) there is none as to its limits.

Intellectual property is like dark matter – intangible, elusive, but present; and since the Statute of Monopolies of 1623, ever-expanding.

We all know of its existence, but we do not grasp its importance or its borders or the extent to which it affects out daily lives.

Each has its own origin, rules, and universe. Each has its own “thing”.

To present this mixed bag in simplified form in one slim volume without unnecessary legalese is a major accomplishment. Few have been able to do what Adv Owen Salmon SC succeeded in doing and I fully recommend this book to the general public – and to many learned lawyers – as a beginner’s guide to IP. The reader will at least now know that one does not have a patent in one’s idea or copyright in a trademark. And how easily and often we infringe copyright.’

 
Louis (L T C) Harms
Retired Judge of Appeal, former deputy president of the Supreme Court of Appeal and Professor Extraordinary for Intellectual Property Law at the University of Pretoria; author of The Enforcement of Intellectual Property Rights: A Case Book

 
“Persons in commerce and elsewhere are often confronted with complicated intellectual property concepts, and it is in their best interest to understand them well. Adv Salmon’s book goes a long way towards making these concepts understandable and less intimidating.”
 
Wim Alberts
Professor of Mercantile law in the University of Johannesburg

"This book has ably and admirably met its aim 'to simplify intellectual property law, making its basic principles easily understandable'. Intellectual property is at the core of our everyday lives, being relevant to several aspects such as economic, cultural, entertainment and educational activities. Its significance has been highlighted by the COVID-19 pandemic specifically in relation to equitable access to vaccines, a topical issue. The book acquaints readers with the basic tenets of intellectual property law which equips them to understand the field and to debate or converse about it, at a time when its importance is again at the fore."

Caroline B Ncube
SARChI Research Chair in Intellectual Property, Innovation and Development
Professor, Department of Commercial Law, Faculty of Law, University of Cape Town 
Co-editor, South African Intellectual Property Law Journal
 
‘I am delighted to endorse the book written by Advocate Owen Salmon SC. I do so in the knowledge that his book will be easily followed and understood by readers, especially those who are not trained lawyers. My experience with Owen Salmon’s writings are such that his style of writing make it easy to follow the trend and meaning.

As an illustration, he once delivered a very long opinion for the Argus Group who are major publishers of journals and newspapers, all of whom being users of the written word. On the receipt of that opinion, I was asked to convey their thanks for the clear and lucid presentation. His summation of the law, interwoven with the facts, made it possible for the client to easily circumvent any obstacles. 

Our working relationship spans over 25 years , includes various fora such as the highest court in Bloemfontein , and the Constitutional Court. If I could  be allowed to do so,  and I would mention his happy clients include personalities like the late Advocate George Bizos, and Archbishop Desmond Tutu. He has a lovely picture given as a token of gratitude. That picture is of the late President Nelson Mandela.’

Don MacRobert 
Patent Attorney, founder and former CEO of Get Ahead Foundation; founder Chairman of Lawyers for Human Rights (Pretoria); former partner at Adams & Adams; past President of Licensing Executives Society; former consultant at ENS; co-author of From Edison to iPod - Protect your ideas and Make Money (DK, 2007).

 

‘The author, an eminent senior counsel with great experience in the field, who I have known for many years, aims to simplify IP law by making its basic principles easily understandable. He has succeeded - by concentrating on the four pillars of IP: trademarks, copyright, designs and patents. He has extracted the principles from the statutes and used them to give a useful overview of the legal policies and rules applicable to IP rights. Well-illustrated with images and drawings and with timely reminders to seek the advice of an expert, it is an exceptionally good introduction to IP. All in 138 pages. I would strongly recommend that every businessperson concerned with the protection of IP and every budding IP practitioner should read the book and use it as a guide.’

BR Southwood
Judge of the High Court (Retired)

‘There are so many people who in their professional, personal or business life should have a better understanding and appreciation of intellectual property: what it is, how important it is and the law surrounding it. Owen Salmon’s Intellectual Property Made Simple achieves what it says. Owen Salmon’s book provides the reader with a user-friendly, easily understandable overview of intellectual property.  I have no hesitation in recommending this book to anyone who requires a better understanding of trade marks, designs, copyright and patents . Owen Salmon is to be commended in providing such a useful tool.’

Ian Isdale
General Counsel and Company Secretary of listed companies. He was Group Company Secretary and Legal Counsel for Tiger Brands from 1993 to 2015.


'This is a book for people who require practical, easy-to-understand guidance in this often complex field. Simple, engaging and easy to understand — it is a book that every law student and business person should have.’

Gail Schimmel
CEO of the Advertising Regulatory Board; author of Advertising Law (Juta) and best-selling novelist.

‘I was introduced to Owen by legendary copyright attorney, Don MacRobert, who approached Owen to assist with a case that involved copyright disputes of work that I had composed and arranged. Upon meeting Don and Owen, I had little to no knowledge of the intricacies of intellectual property and the importance thereof. As a creative, we are immersed in the creative process and outcomes thereof that scant regard is given to copyright and ownership of works. As a composer putting my heart and soul into every note, a dispute over my works' copyright and ownership was deeply unsettling. Owen's kind, caring, and rational approach and demeanour has not only ensured that my case is close to being amicably resolved but reignited my creative flame when I needed it most.’

Ralf Schmitt
Conductor & composer; Musical Director of the Ndlovu Youth Choir

  • Author: Owen Salmon SC
  • Title: Intellectual Property Made Simple
  • ISBN: 978-1-928309-34-5
  • Publication Date: 2021/01/31
  • Publishing House: Siber Ink
  • Target Market • Tertiary students • Small business owners • Managers in medium sized businesses • In-house counsel and company secretaries in large businesses • Non-specialist practitioners: attorneys, members of the GCB and independent advocates • Accountants • Engineers • Entrepreneurs • Industry bodies and associations – for example: chambers of commerce, Chartered Secretary association; SAICA; • University, Technikon and High school libraries • Tertiary teaching staff • Publishers • Various creatives’ guilds, musician unions, photographer associations, PEG, etc • Dept of Science & Technology; Dept Higher Education; Dept Trade, Industry & Competition
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Contents
 
INTRODUCTION 
• The four key areas of intellectual property 
• Symbols used in the book 
• What is intellectual property? 
• Where did IP originate?.
• The statutes of a country 
• Applying the law 
• What are ‘rights’?
 
TRADE MARKS 
• Introduction 
• The Trade Marks Register
• Starting out: choosing your brand name
– Avoid descriptive words 
– Do an availability search 
• The registration process 
• The proprietor
• Filing an application for registration
• Classification: Goods and/or services 
• Processing the trade mark application 
– Formal aspects
– Substantive aspects 
• Endorsements 
• Advertisement 
• Opposition 
– Prior rights
– Proprietorship 
– Lack of inherent registrability 
– The opposition procedure
• Application procedure: Conclusion 
• Trade mark renewal 
• Trade mark use
• Expungement based on non-use
• Expungement: the procedure
• Trade mark enforcement 
– Primary infringement 
– Secondary infringement 
– Infringement by dilution 
• Remedies against infringement
– An interdict 
– Delivery up 
– Damages
– Reasonable royalties 
• Defences to infringement 
– Introduction
– Contest the prerequisites 
– Statutory defences 
– Counter-application 
– Acquiescence 
• Passing off
• Licences and assignment
– Licences
– Assignment 
• Criminal conduct regarding trade marks 
 
COPYRIGHT
• Introduction 
• What is a work? 
• Originality 
• Representation in a material form 
• Qualified person
• Who is the author? 
– Literary work 
– Musical work 
– Artistic work (except photographs) 
– Photograph
– Sound recording
– Cinematograph film
– Broadcast 
– Programme-carrying signal 
– Published edition
– Computer program
– Computer-generated work
• The period of copyright 
• What are the different kinds of works?
– Literary works 
– Artistic works
– Musical works 
– Cinematographic films
– Sound recordings 
– Computer programs
– Broadcasts
– Published editions
– Programme-carrying signals
• What is reproduction?
• Reproduction and the exclusive rights 
– Literary works
– Musical works 
– Artistic works
– Cinematograph films
– Sound recordings 
– Broadcasts
– Programme-carrying signals
– Published editions
– Computer programs
• A concluding comment about the exclusive rights
• Ownership of copyright 
– Newspaper and magazine employees
– Commissioned works
– Employer’s copyright 
• Establishing ownership by agreement
• State-owned copyright 
• Infringement 
– Direct
– Indirect 
• Remedies for infringement 
• Needletime royalties
• General exemptions from copyright infringement
– Research, private study, personal or private use
– Criticism or review 
– Reporting on current events 
– Judicial proceedings
– Quotations
– Illustrating for teaching 
– Public lectures and speeches
– News of the day, official texts and political speeches 
– Femonstrating audio/video equipment
• Specific exceptions to copyright infringement 
– Musical works and the statutory notice exception
– Incidental inclusion of artistic works
– Reverse engineering and artistic works
– Computer programs and backup copies
• Criminal copyright infringement
• Assignments and licences
• International copyright
 
DESIGNS
• Introduction 
• What are registrable designs?
• Filing an application for registration
• The registration process 
– The certificate of registration
– The definitive statement and an explanatory statement 
– The drawings 
• Proprietorship
• The article and its class
• The definitive and explanatory statements
• Processing the design application
– If there is no objection
– If there is an objection 
• Registration 
• Renewal
• Enforcement 
• Determining infringement
• What defences are available? 
– Declaration of non-infringement 
– Groundless threats of infringement 
– Contest on substantial similarity
– Invalid registration 
– Acquiescence
• Novelty 
– Previously made available to the public 
– Mosaicking
• Licences and assignments
• Criminal conduct relating to designs
 
PATENTS 
• Introduction 
• What is a patent? 
• Patentable inventions 
• Novelty
• Inventive step — not obvious 
• Prior art searches 
• The Officials
• Who can apply for a patent? 
• A provisional or complete application
• The complete specification
• The procedure for registration
• Examination
• Acceptance 
• Maintenance
• Enforcement 
• Remedies for infringement
• Defences to alleged infringement 
• Revocation 
• International patents 
• Convention applications 
• The Patent Cooperation Treaty 
• Licences
– Licences of right
– Compulsory licences 
– Contractual licences
• Assignments
• Criminal conduct regarding patents
 
OTHER INTELLECTUAL PROPERTY TYPES
INDEX