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From the Author

Copyright, designs, patents and trade marks together form the cornerstone of intellectual property law. There are excellent South African textbooks on intellectual property law, and they are virtually indispensable for specialist practitioners. I have referenced them below.

This book seeks to simplify intellectual property law, making its basic principles easily understandable.

I have therefore not covered every angle that might apply in every possible situation. I have avoided jargon and technical stuff. And I have, in certain instances, also generalised.

I hope my aim has been achieved.

Acknowledgements

These acknowledgements are as originally published in the First Edition of this book.

The idea for this book had different but converging sources. In 2019 I attended two separate IP conferences. One was hosted for the South African Association of Intellectual Property Law and Information Technology Law Teachers and Researchers (www.aiplitl.org.za) by Prof Caroline Ncube and her IP team at University of Cape Town — technically, the NRF/DST SARChI Research Chair in Intellectual Property, Innovation and Development and the Intellectual Property Unit. The other conference was the ‘Colloquium on Industry 4.0 + Intellectual Property, and other IP Topics’ hosted by Prof Wim Alberts and his IP department at University of Johannesburg.

At the former, Mr Marumo Nkomo, Director: Legal at dtic, presented a keynote address ‘An update on IP Policy Developments in South Africa — Carving a Greater Role for Academia’ in which he expressed regret, although in passing, that IP was not being taught in schools. At the latter, a few months later, Mrs Amanda Lotheringen from CIPC presented a paper ‘Industry 4.0: The role of and contribution to balanced IPR Enforcement’ in which she recorded a similar sentiment. Given a lifetime of practice in the field of intellectual property law, these comments gelled with my own observations — and musings.

Fortunately, Simon Sephton of Siber Ink Publishers also believes in the value of a book simplifying intellectual property. He has facilitated the transition from draft to published edition with friendly and seamless ease, at the same time being open to and readily communicating on ideas and revisions. Thanks Simon.

There are a lot more people to thank. Hester van der Walt, who edited the book, made many suggestions which stood to improve the work, along with her fastidious attention both to detail and checking. Philip Pla and Johnny Fiandeiro at Adams & Adams supplied details and representations of some of the designs referenced in the book. Hugh Moubray at Spoor & Fisher did the same, and Adelhart Kruger at Kisch-IP referred me to Jamie Colyn who re-drew the patent drawings featured in the Kreepy Krauly/Baracuda case that I refer to in the book. Marlene Broodryk re-drew the drawing of the flag design. Marie-Louise Grobler, Executive Officer of the South African Institute of Intellectual Property Law, facilitated my referencing the SAIIPL trade mark for example purposes, and Marco van der Merwe at Spoor & Fisher provided the registration certificate reproduced in the book. James Grace agreed to my referencing him in connection with musical works, as did Geoff Paynter, and Rob Cowling of Gallo Music Publishers. All of these people are senior IP lawyers or business executives and have a lot better things to do with their time. I appreciate all of their willingness to assist, and then so promptly.

Specialist practitioners and academics will know of the authoritative works which are consulted in practice on a regular basis. I mention them here, as they should serve as further reference material for those interested in reading at a more detailed level. These books are South African, as their titles record, though there are many erudite international authorities to which specialists also refer.

Lastly, to my late wife Isabeau. As if the demands of practice at the Bar are not enough, she had to endure an absent husband, behind a closed study door, glued to a desk chair before and after hours as well. My eternal thanks for her support and encouragement.

Owen Salmon SC