What
is advertising?
Advertising is paid persuasive communication
that uses non personal mass media as well
as other forms of interactive communication to reach broad audiences to connect
an identified sponsor with a target audience.
Advertising
elements covered by the Intellectual
Property Act No. 36 of 2003
I. Copyright
Presumption of authorship and of
representation of the author.
II. Related Rights Protection Of Rights Of
Performers.
Subject to the provisions of section 21, a
performer shall have exclusive right to carry out or to authorize the
broadcasting or other communication to the public of his performance or a
substantial part thereof, except where the broadcasting, or the other
communication is made from a fixation of the performance, other than a fixation
made in terms of section 21.
III. Industrial Designs Scope Of This Part And
Definitions
The protection of industrial designs
provided under this Part shall be in addition to and not in derogation of any
other protection provided under any other written law, in particular under Part
II of this Act.
IV. Right to Protection of Industrial Design
The
right to obtain protection of an industrial design belongs to its owner.
V. Duration of Registration of an Industrial
Design.
Subject
to, and without prejudice to the other provisions of this Part, registration of
an Industrial design shall expire on
the completion of five years from the date of receipt of the Application for registration.
VI. Rights of a Registered Owner of An Industrial Design
VII. Licence Contracts Of Industrial Designs
For the purposes of this Part
licence contract means any contract by which the Registered owner of an
industrial design (the Licensor) grants to another person or Enterprise (the licensee)
a licence to do any or all of the acts referred to in paragraphs (a), (b) And
(c) of subsection (1) of section 47.
VIII. Right to a Patent
If and to the extent to which two or more
persons have made the same invention independently of each other, the person
whose application has the earliest filling date or, if priority is claimed, the
earliest validly claimed priority date, shall have the right to the patent, so
long as that application is not withdrawn, abandoned or rejected.
IX. Requirements or Application and Procedure for
Grant Of A Patent
X. Duration of Patent.
Subject and without prejudice to the other
provisions of this Part a patent shall expire twenty years after the filing
date of application for its registration.
XI. Rights of Owner of Patent.
Subject and without prejudice to the other
provisions of this Part, the owner of a patent shall have the following
exclusive rights in relation to a patented Invention:"
XII. Assignment and Transmission of Patent
Applications and Patents
XIII. Licence Contracts
For the purposes of this Part licence
contract means any contract by which the owner of a patent (hereinafter
referred to as "the licensor") grants to another person or enterprise
(hereinafter referred to as the "the licensee") a licence to do all
or any of the acts referred to
In paragraph (a) of subsection (1) and
subsection (3) of section 84.
XIV. Surrender and Nullity or Patent
The registered owner of a patent may
surrender the patent by a declaration in writing signed by him or by any person
authorized by him on his behalf and shall submit it to the Director-General The
surrender may be limited to one or more claims of the patent
XV. Marks And Trade Names
“false trade description” means a trade
description which is false or misleading in a material respect as regards the
goods or services to which it is applied, and includes every alteration of a
trade description, whether by way of addition, effacement or otherwise, where
that alteration makes the description false or misleading in a material respect
and the fact that a trade description is a trade mark or part of a trade mark
shall not prevent such trade description being a false trade description within
the meaning of this Part.
XVI. Admissibility Of Marks
The exclusive right to a mark conferred by this Part shall be acquired, Subject
to the succeeding provisions, by registration (2) Registration of a mark may be
granted to the person who" Requirements of Application and Procedure or
Registration
XVII. Duration Of Registration Of A Mark
XVIII. Rights Of The Registered Owner Of A Mark
Subject and without prejudice to the other
provisions of this Part, the registered owner of a mark shall have the
following exclusive rights in relation to the mark to use the mark to assign or
transmit the registration of the mark to conclude licence contracts. And
Without the consent of the registered owner of the mark third parties are
precluded.
XIX. Removal Of Mark
The Court may on the application of any
person showing a legitimate interest, or of any Competent Authority including
the Director-General, to which the registered owner of the mark and every
assignee, licensee or sub-licencee on record shall be made party, remove any
registered mark from the register.
XX. Collective Marks
In relation to a collective mark, the
reference in section 101 (signs of which a trade mark or service mark may
consist) to distinguish goods or services of one enterprise from those of other
enterprises shall be construed as a reference to distinguish goods or services
of the enterprise which uses the collective mark from those of other
enterprises.
XXI. Certification Marks
In relation to a certification mark the
reference in section 101 (signs of which a trade mark or service mark may
consist) to distinguish goods or services of one enterprise from those of
another enterprise shall be construed as a reference to distinguish goods or
services which are certified from those which are not certified.
XXII. Trade Names
The Court may on the application of any
person showing a legitimate interest, or of any Competent Authority including
the Director-General, to which the registered owner of the mark and every
assignee, licensee or sub licence on record shall be made party, remove any
registered mark from the register.
XXIII. Layout Designs Of Integrated Circuits
The right to protection of a layout design
shall belong to the creator of layout design. Where several persons have
jointly created a layout design such persons shall be crowners of the right to
protection. The right to protection of a layout design made or created in the
performance of a contract of employment or in the execution of a work shall,
unless the terms of such contract of employment or contract for the execution
of such work otherwise provides, belong to the employer or the person who
commissioned the work, as the case may be.
XXIV. Competition And Undisclosed Information
XXV. Geographical Indications.
XXVI. Constitution And Powers Of Advisory
Commission
The Minister may constitute an Advisory
Commission (hereinafter referred to as the “Commission”) for the purpose of
advising him on any matter referred to him in relation to the law relating to
Copyright, Industrial Designs, Marks, Patents and Unfair Competition and any
other area or subject of Intellectual Property.
Advertising
elements covered by the Consumer
Affairs Authority Act No 9 of 2003
I.
Every trader shall exhibit conspicuously in his place of business,
a notice specifying the maximum retail or wholesale price, as the case may be
of goods available for sale in his place of business other than the price of any
goods, the price of which is mark on the goods itself or on the wrapper or pack
containing it or marked in any other manner as may be required by any law.
II.
A complete list of the price
of goods available for sale shall be kept within the place of business at all
times for inspection whenever required.
It is the duty of every trader to exhibit the price irrespective
of what the consumer item is which includes services which comes under the
ambit of the Authority.
