Professor Roshana Kelbrick
Professor in Intellectual Property Law

Qualifications:
BA (Pret) LLB (Stell) LLM LLD (Unisa)

Contact details:

Office:	Cas van Vuuren Building 6-98
Phone:	(012) 429-8338
e-Mail:	kelbrra@unisa.ac.za

Courses taught:
Law of Competition and Trade Marks (LML402P)
Competition Law (LLM) (MCPTLWD)
Trade Mark Law (LLM) (MTRDLWV)

A Detailed Profile, including Presentations and Publications:

Roshana Kelbrick is a professor of Intellectual Property Law in the University of South Africa. She teaches Commercial Law, and Competition and Trade-mark Law at under- and postgraduate levels. She is also co-director of the Unisa-WIPO Intellectual Property Specialization Programme, presented jointly by the Centre for Business Law and the WIPO Worldwide Academy.

She obtained her doctorate from the University of South Africa for a thesis titled "Statutory Civil Remedies in Trade Mark Litigation". She qualified as an attorney of the High Court, and as a trade-mark practitioner. She is a Fellow of the South African Institute of Intellectual Property Law, and a member of its Alternate Dispute Resolution committee. From 1990 to 1992, she was the editor of its publication, the SA Intellectual Property Law Journal, and from 1990 to 1994 a member of its editorial committee.

Previously a professor of Civil Procedure, she is an invited member of the International Association of Procedural Law, based in Bologna. She is a representative of South Africa on the International Advisory Board for the International Encyclopaedia of Laws, published by Kluwer Law International. She contributed the country monograph on Civil Procedure.

From 2003 to 2004, she was the assistant editor of the South African Mercantile Law Journal, a peer review law journal with its editorial home in the Department of Mercantile Law.

A researcher rated by the National Research Foundation, she received the Chancellor’s Prize for Research in 1999.

In June 2001, she was appointed by the Minister of Trade and Industry to the Patent Examination Board. In 2002, she was appointed by the Minister of Trade and Industry to the technical committee for redrafting consumer credit legislation, which, in 2005, lead to the adoption of the National Credit Act 34 of 2005.

She was a project consultant to the Scenarios for the Future, commissioned by the European Patent Office and released in July 2007.

Books and contributions to books:

1. Michele Havenga (gen ed) General Principles of Commercial Law 6 ed (2007) Juta & Co Ltd: Cape Town, chapters 18 (Intellectual Property Law and Franchising), 19 (Alternative Dispute Resolution), and 22 (The Law of Competition)
2. Heinrich Schulze (gen ed) Algemene Beginsels van Kommersiële Reg 6 ed (2007), Juta & Co Ltd: Cape Town, chapters 18 (Intellektueelgoederereg en Fransering), 19 (Alternatiewe Dispuutbeslegting), en 22 (Mededingingsreg)
3. Peter Havenga (gen ed) General Principles of Commercial Law 5 ed (2004) Juta & Co Ltd: Cape Town, chapters 18 (Intellectual Property Law and Franchising), 19 (Alternative Dispute Resolution), and 22 (The Law of Competition)
4. Peter Havenga (gen ed) Algemene Beginsels van Kommersiële Reg 5 ed (2004), Juta & Co Ltd: Cape Town, chapters 18 (Intellektueelgoederereg en Fransering), 19 (Alternatiewe Dispuutbeslegting), en 22 (Mededingingsreg)
5. "Discretionary powers of the judge in South Africa" (with Wouter de Vos), in: Marcel Storme & Burkhard Hess (eds) Discretionaire bevoegdheid van de rechter: Grenzen en controle (2003), Kluwer Law International: Mechelen
6. International Encyclopedia of Laws: Civil Procedure country monograph: South Africa (2005; previously 1995 and 2001), Kluwer Law International, Louvain
7. "Damages against the innocent infringer", in: Alison Firth, Shelley Lane & Yvonne Smyth (eds) Readings in Intellectual Property (1998), pp 547–560
8. The Student Handbook for Civil Procedure (with J Faris & E Hurter) (1999; previously 1993 and 1996), Butterworths: Durban
9. Workbook for Civil Procedure (with E Hurter & H Erasmus) (1993), Digma: Durban
10. The Supreme and Magistrates' Courts Legislation Handbook (with J Taitz) (1990), Butterworths: Durban

Publications in peer review journals:

1. "The new trade-mark infringement provisions: how have the courts interpreted them?" (2007) 19 South African Mercantile Law Journal 86–96
2. "Gaps in time: when must a mark be well-known?" (2006) 37 International Review of Intellectual Property and Competition Law 920–939
3. "The term ‘well-known’ in South African trade-mark legislation: some comparative interpretations" (2005) 3 Comparative and International Law Journal of Southern Africa 435
4. "Laudatory trade marks: being first is not always good enough" (2003) 15 South African Mercantile Law Journal 295–302
5. "Enforcement of consumer credit legislation — antipodean experiences" (2003) 36 Comparative and International Law Journal of Southern Africa 159
6. "Malice in Wonderland: or how to dispose of a claim against you by its sale in execution" (2003) 66 Journal of Contemporary Roman-Dutch Law 232–245
7. "The debt collection problem — can credit control offer a solution?" (2002) 35 Comparative and International Law Journal of Southern Africa 38
8. "Interim orders: should they revive when appeal is noted against their discharge?" (2001) 64 Tydskrif vir Hedendaagse Romeins-Hollandse Reg 32–45
9. "Damages and interdicts for trademark infringement — how these remedies developed" (2000) 6 Fundamina 52
10. "Discretionary powers of the judge in South Africa" (2000) 63 Tydskrif vir Hedendaagse Romeins-Hollandse Reg 537–560 (with Wouter de Vos)
11. "The concept ‘reasonable royalty’ in intellectual property legislation — a comparative view" (1998) 31 Comparative and International Law Journal of Southern Africa 18
12. "Inquiries as to damages in South African intellectual property law" (1998) 10 South African Mercantile Law Journal 145–172
13. "TRIPS and civil remedies for trade mark infringement: does English and South African national legislation comply with international standards?" (1997) 22 South African Yearbook of International Law 15
14. "The historical development of civil copyright remedies in selected commonwealth jurisdictions" (1997) 30 Comparative and International Law Journal of Southern Africa 131
15. "Damages against the innocent infringer" [1996] 4 European Intellectual Property Review 204
16. "The incola plaintiff, consent and arrest or attachment to found jurisdiction" (1992) 3 Comparative and International Law Journal of Southern Africa 332
17. "The applicability of the Merchandise Marks Act to trade mark litigation" (1990) 2 South African Mercantile Law Journal 190–206
18. "Delivery up in trade mark litigation" (1987) 1 Modern Business Law 12–22
19. "The doctrine of consent" (1986) 19 Comparative and International Law Journal of Southern African 130