South Africa
The Interplay between Antitrust Law and
Intellectual Property Law in South Africa:
A Critical Analysis of the OECD Recommendation on Intellectual Property Rights and Competition 



The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators; whilst competition law...Read more

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

Michael Currie
Partner, Primerio, South Africa

Joshua Eveleigh
Associate (designate), Primerio, South Africa

Stephany Torres
Senior Associate, Primerio, South Africa
Patent law differs in each country, but there are some important equitable doctrines that apply across borders. One such a doctrine is prosecution history estoppel.
The term Estoppel ...Read more

Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
A right to copy, right?
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...Read more

Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Business rescue may be used to restructure South African state-owned companies

The year 2021 marked ten years since the introduction of a new restructuring and administration regime in South African law, known as "business rescue", by the Companies Act, 2008. Since...Read more

Sibonile Moyo
Head: Legal Investments (SA) , Development Bank of Southern Africa, South Africa
Lerothodi Mohale
Senior Associate, Cdh, South Africa
The Role of the Company in Contemporary South Africa &
Directors Duties: The Accelerated Shift

In this paper I will consider a company’s role in contemporary South African society and whether or not it is necessary to broaden the traditional concept that directors only owe...Read more

Daniella Pellegrini van Rooyen
Tax & Legal, Quiver Tree Capital (Pty), South Africa
Freedom to Operate Conundrum
Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value.
Freedom to use, sell and otherwise...Read more

Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
Pitfalls and the Opportunities of Commercialising and Managing Co-Created Intellectual Property

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) ...Read more

Madelein Kleyn
Chief Legal and IP Officers, Omnisient Rf Pty, South Africa
The “Ethics” of the Corrupt
C.S. Lewis is quoted as saying that education without values, as useful as it is, merely serves to make man a more cleverer devil. It is our own individual ethics...Read more
Howard Snoyman
Head: Legal and Ethics, Discovery Health Medical Scheme, South Africa
Protection of Confidential Information and The Competition Authorities – A South African Perspective

The management of confidential information is key to maintain active competition between companies in the same market. Protocols for the management of confidential information need to be implemented by within...Read more

Nordely Wright
Product Developer- Plant and Soil Health, Oro Agri Sa (Pty)., South Africa
Moral Rights: To Waive or not to Waive The Right of an Employer

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...Read more

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