Moral Rights: To Waive or not to Waive The Right of an Employer

Madelein Kleyn, Group Manager, Legal and Intellectual Property, Oro Agri International Ltd, USA

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which came into effect on 1 January 1995, is an international legal agreement between the member nations of the World Trade Organization (WTO) and stipulates the minimum standards for the regulation by national governments of various forms of intellectual property (IP). TRIPS covers the areas of copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks, including service marks; geographical indications, including appellations of origin; industrial designs; patents, including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information, including trade secrets and test data.

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USA Intellectual Property Agriculture July 2018 Vol.11, No. 44, Summer 2018

Madelein Kleyn

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Madelein Kleyn is a chemical engineer, an admitted attorney and a registered patent attorney in South Africa. She holds a PhD in intellectual property. She served as in-house corporate patent counsel for South African based international petrochemical company Sasol Group Services for 16 years and is presently the General Manager – Legal and Intellectual Property for the boutique international agriculture company Oro Agri International Ltd where she is responsible for the protection and enhancement of the company’s sustainable competitive advantage through strategic IP management and oversees general legal governance and compliance. She is based in the R&D head office in South Africa. Dr Kleyn tutors part time for the World Intellectual Property Organisation e-learning programme on IP management; lectures on patent attorney practice to candidate patent attorneys in South Africa; and is appointed as research associate and fellow of the Anton Mostert Chair of Intellectual Property, University of Stellenbosch Faculty of Law an appointment recognizing proven specialised expertise. She moderates and teaches the patent and design module of the Anton Mostert Chair of IP LLM (intellectual property) course at Stellenbosch University. She publishes and presents papers at various fora internationally. Dr Kleyn’s main areas of expertise include IP strategy development and implementation, M&A transactions, IP portfolio management (including prosecution of patents and trademarks), IP litigation (United States, Europe and South Africa) and patent and trademark opposition matters. She regularly advises on corporate governance and IP risk management and specialises in drafting and advising on IP-related business transactions, including technology transfer and licensing. Dr Kleyn has authored and presented various articles, papers and publications on IP matters internationally. She is the co-editor of the journal “International Pharmaceutical Law” published by LexisNexis of which she co-authors the South African Chapter. She is a member of American Chemical Society, INTA, LESI, LES SA (Director) and SAIIPL

Oro Agri International Ltd

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Oro Agri International Ltd is a Cayman Island registered company. The company is a global manufacturer of agricultural adjuvants, pesticides and foliar nutrients. Operating entities have manufacturing facilities in Brazil, USA, Europe and South Africa and products are distributed in more than 75 countries. Website: www.oroagri.com

USA Intellectual Property Agriculture July 2018 Vol.11, No. 44, Summer 2018