A right to copy, right?

Madelein Kleyn, CEO Mad K IP Consulting, Mad K IP Consulting (Pty) Ltd

Copyright is an intellectual property right that vests automatically. The question arises, whether the right has international enforcement due to the nature of the right. Copyright subsists the moment it meets the two basic criteria that qualifies the work to be protected by copyright, i.e. originality and reduction to material form. This begs the question, is it then an international right? The mere creation vests an international right despite per-country-national legislation. Or does it not? International instruments such as TRIPS and the Paris Convention addresses the authorship and enforcement of copyright by its members.

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South Africa Intellectual Property Consultant March 2022 Vol.15, No. 58, Winter 2022

Madelein Kleyn

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Dr. Madelein Kleyn has more than 27 years international experience as intellectual property practisioner, patent attorney and in-house legal corporate counsel in the petrochemical and agri industries. She is presently the Director, Technology Transfer at Innovus, the division of Stellenbosch University accountable for the commercialisation of IP eminating from the University. She also is the CEO and founder of Mad K IP consulting (Pty) Ltd a private company advising clients on IP matters. She is a qualified chemical engineer (BSc Chem Eng) , an admitted attorney of the High Court of South Africa and a registered South African patent attorney. She holds a LLM in tax law and PhD in intellectual property law. Her technical expertise is in the area of petrochemicals, chemistry, process engineering, explosives and agriculture. Madelein’s main areas of expertise include IP Portfolio management, IP policy and strategy development and implementation. 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. Madelein has authored and presented various articles, papers and publications on IP matters internationally specifically on technology and IP licensing and commentaries on national IP related legislation. Since 2014 she is the co-editor of the textbook “International Pharmaceutical Law”and is also a co-author of the South African Chapter of this publication. She is a member of the SAIIPL (South African Institute of Intellectual Property Lawyers) and also the editor of the SAIIPL newsletter IP Briefs™. She is a member of INTA (International Trademark Association) and CCASA (Corporate Counsel Association of South Africa), ACS (American Chemical Society) and SARIMA ( Southern African Research & Innovation Management Association). She is also member of LES (License Executive Society of South Africa - immediate past president) and the Chair of the LES International Patent and Technology licensing Committee and Vice President of LESI. Madelein was included in the IAM Strategy 300 – The World’s Leading IP Strategists since 2015 and featured in WTR300 World’s leading trademark professionals since 2016.

Mad K IP Consulting (Pty) Ltd

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Mad K IP Consulting (Pty) Ltd is a private IP consulting business that assists clients with IP Strategy development and assisting with commercialisation of IP. www.mad-ip.com

South Africa Intellectual Property Consultant March 2022 Vol.15, No. 58, Winter 2022

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