Patent lawyer calls on finalisation of IP policy
A Spoor & Fisher partner has called on the Department of Trade and Industry (DTI) to finalise its proposed policy for Intellectual Property (IP).
The policy, which had not been drafted in consultation with IP law experts, was published in September 2013, with no updated policy tabled since, patent attorney David Cochrane said at a Free market Foundation media briefing.
“It is important for South Africa to finalise IP policy without further delay,” he stated, however, more input was needed from experts in IP law.
While most commentators agreed with the “broad objectives” of the draft IP policy, which had “some commendable” aims, the overall policy had emerged as unclear, with uncertainty in meaning, intention and compliance with the agreement on the international Trade-Related Aspects of Intellectual Property Rights (Trips), to which South Africa is a signatory.
“It is important that the amendments are clear and unambiguous and comply with South Africa’s obligations under the Trips agreement and that a functioning system continues to ensure that patent rights are protected,” Cochrane said.
The policy was expected to be a reference document for amendments to the South African Patents Act, which had not been amended since 2002 and could be further aligned with developments in patent law and to address public health issues.
However, he pointed out that the patent system in South Africa worked, noting that there were already safeguards to protect public health, and the IP policy had suggested amendments to the South African Patents Act to bring the nation in line with the flexibilities in the Doha Declaration on Trips and public health.
The draft IP policy also outlined compulsory licensing, parallel importation, patent examination and evergreening, while suggesting that South Africa consider implementing substantive patent examination and make allowance for pre- and post-grant opposition of patents.
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