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A right to copy, right?

Abstract

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.

PLS LogoCopyright & permissions

Author

Portrait image of Madelein Kleyn
Madelein Kleyn
CEO, Mad K IP Consulting (Pty) Ltd, South Africa

Professor Madelein Kleyn is a South African registered patent attorney, admitted attorney, chemical engineer and Registered Technology Transfer Professional with more than 30 years’ international experience in intellectual property, commercial law and technology transactions. She is the founder and CEO of Mad K IP Consulting (Pty) Ltd and previously served as Chief Legal and IP Officer at Omnisient (Pty) Ltd, a data-collaboration technology company. Prof. Kleyn advises businesses, research institutions and start-ups on IP strategy, ownership and commercialisation, technology transfer, licensing, corporate structuring, due diligence and IP-related investment and M&A transactions. Her experience spans petrochemicals, agriculture, chemicals, data, AI-enabled technologies and life sciences. She has also led technology-transfer activities at Stellenbosch University and held senior in-house IP and legal roles at Sasol and Oro Agri International (now RovensaNext). She holds a PhD in Intellectual Property Law, an LLM in Tax Law and an LLB, and is recognised in the IAM Strategy 300 and WTR 300. She is the Vice President of LES South Africa and a past Vice President of LES International.

Company

Mad K IP Consulting (Pty) Ltd logo

Mad K IP Consulting (Pty) Ltd

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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