Intellectual Property Made Simple

Intellectual Property Made Simple

SKU 978-1-928309-34-5

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

“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 our 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.”
Prof. 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
  • 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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• 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’?
• 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 
• 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
• 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
• 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