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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Pitfalls and the Opportunities of Commercialising and Managing Co-Created Intellectual Property

Abstract

Intellectual property rights bestow certain rights upon the creator thereof. In particular the right of ownership. In compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) minimum standards are set which allow Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of TRIPS within their own legal system and practice. In the context of most countries’ intellectual property laws, the rights of an inventor to a patent remain with the inventor, in the case of copyright works, ownership resides with the author/creator until ownership is assigned, or transferred by way of a written instrument to another . The moral rights of a copyright creator cannot be assigned, as these rights are personal.

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Author

Portrait image of Madelein Kleyn
Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa

Dr. Madelein Kleyn has more than 30 years international experience as intellectual property practitioner, patent attorney and in-house legal counsel in the petrochemical and agri industries. She is presently the Chief Legal Officer of Omnisient (Pty) Ltd a company specializing in data collaboration and anonymization . 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 specializes in drafting and advising on IP-related business transactions, including technology transfer and licensing. She 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 - past president) and a Vice President of LES International. 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 and included in IAM Global leaders 2023 and 2024

Company

Omnisient Rf Pty logo

Omnisient Rf Pty

Omnisient provides Software platform that allows for secure, compliant and transformative Data Collaboration. We help businesses unlock the power of 1st party data collaboration without the risks. 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

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