Professor Tana PistoriusProfessor of Intellectual Property Law and Information Technology Law Director: Innovation and Research
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Courses taught: Field of specialisation: A Detailed Profile, including Presentations and Publications Tana Pistorius is a Professor of Intellectual Property and Information Technology Law in the University of South Africa. She teaches Intellectual Property Law and Legal Aspects of e-Commerce at under- and postgraduate levels. She also teaches modules of the Unisa-WIPO Intellectual Property Specialization Programme, presented jointly by the Centre for Business Law and the WIPO Worldwide Academy. Also for the Academy, from 1999 to 2003 she was an online tutor for the module General Course on Intellectual Property Law, and since 2004 she has taught the online module Electronic Commerce and Intellectual Property. She obtained her LLM degree from the University of Pretoria for a dissertation entitled "The Copyrightability and Patentability of Computer Programs — an International Survey and Recommendations for Legislative Reform in the Republic of South Africa". She then obtained her doctorate from the same university for a thesis entitled "The Copyright and Design Protection of Artistic Works with a Utilitarian Purpose". She is a rated researcher. Her fields of specialization include Intellectual Property Law, e-Commerce and Information Technology Law. She has a special research interest in issues affecting developing countries, and has delivered papers on these topics at conferences and seminars in various African countries (including The Gambia, Kenya, Namibia, Tanzania, and Zimbabwe), and in Bulgaria, Canada, Egypt, Germany, and the Ukraine. She has received various research grants and scholarships, including from the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich. In 2006 she was awarded a Georg Forster Research Fellowship by the Alexander von Humboldt Foundation. She is a research fellow of the Foundation. She has been actively involved in policy formulation at national and international levels. From 1997 to 1998, she was a member of the Subcommittee for Designs of the Intellectual Property Advisory Committee, a statutory body advising the South African government. In 2001, she was invited by the United Nations Commission on International Trade Law (UNCITRAL) to participate in an expert group meeting regarding the UNCITRAL Model Law on Electronic Commerce. In the same year she contributed to three research papers commissioned by the Department of Communications. She was a member of the research team that drafted the Electronic Communications and Transactions Act 25 of 2002. She is the author of chapter 4 of the Namibian Draft ICT Policy Document (2001), and, in 2004, was appointed by the Office of the Prime Minister of Namibia as lead consultant for the team drafting the Namibian law on e-commerce — the Draft Use of Electronic Communications and Transactions Bill, 2005. She has been invited to contribute a South-African perspective to the research project entitled Treatment of Know how in international R&D Cooperation led by the University of Aachen, Munich Intellectual Property Law Center and Fraunhofer Institute. In 2000, she was a member of the Electronic Copyright Task Team of the South African Universities Vice Chancellors Association (SAUVCA). From 2000 to 2005, she was a member of the judging panel for the SABS Design Institute Awards for Industrial Design and Engineering Design. From 1999 to 2003, 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. She is a member of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), the International Association of IT Lawyers (IAITL), the International Trademark Association (INTA), the South African Association of Law Teachers (SALT), and ISG Legal SIG. She served on the Wireless Applications Service Providers Association (WASPA) Appeals Panel from 2005-2007 (http://www.waspa.org.za/index.shtml). She is an associate of the South African Institute of Intellectual Property Law (SAIIPL), and a member of its Alternate Dispute Resolution committee. She is a senior adjudicator of the SAIIPL alternate dispute resolution panel for the .za domain-name system. Her ADR decisions are available at http://www.domaindisputes.co.za/downloads/decisions/ZA2007-0005.pdf and http://www.domaindisputes.co.za/downloads/decisions/ZA2007-00015.pdf. PUBLICATIONS Books Information and Communications Technology Law contributed "Domain Names and Infringement of Trade Marks on the Internet" and "Copyright Law and IT" in (ed. Prof DP van der Merwe) (2008) (LexisNexis: Durban) p201-p237, p 239-p.311 International Computer Law: A Practical Guide to Information Technology Law (ed. Prof Ernst-Jan Louwers) (Matthew Bender & Company: New York) (release 23 (2008)) Software Protection in Africa: "Angola"; "Botswana"; "Namibia"; "South Africa" and Database Protection in Africa: "Angola"; "Botswana"; "Namibia"; "South Africa" in p7.4-7.7; 7.36-7.38.2; 7.181-7.187; 7.221-7.226.1; p13.3-13.6; 13.14.7-13.14.11; 13.55-13.59; 13.64.2-13.64.9 Peer-reviewed Conference Proceedings: "The IP Protection of Electronic Databases: Copyright or Copywrong?" Proceedings of the ISSA 2008 Innovative Minds Conference Edited by Jan Eloff (Department of Computer Science, University of Pretoria) (Peer-reviewed conference proceedings) (eds. Les Labuschagne (Department of Business Information Technology, University of Johannesburg) Mariki Eloff (School of Computing, University of South Africa) Hein Venter (Department of Computer Science, University of Pretoria), p63-80 ".za Alternative Dispute Resolution Regulations: The First Few SAIIPL Decisions", 2008(2) Journal of Information, Law & Technology (JILT), <http://go.warwick.ac.uk/jilt/2008_2/pistorius1> p 1-27 "The Legal Effect of Input Errors in Automated Transactions: The South African Matrix", 2008(2) Journal of Information, Law & Technology (JILT), <http://go.warwick.ac.uk/jilt/2008_2/pistorius2> p1-21 “The Functional Equivalent Implementation of the WCT" peer-reviewed proceedings Legal, Privacy and Security Issues in IT (Part II) of the conference First International Conference on Legal, Privacy and Security Issues in IT held in Hamburg, Germany April 30-May 2, 2006 p83-99 Publications in Peer Reviewed Journals Monitoring, Interception & Big Boss in the Workplace: Is the Devil in the Details?" Potchefstroom Electronic Law Journal 2009 (1) 1-26 "The Impact of Intellectual Property Law on Sustainable Development" 32 (2007) South African Yearbook of International Law 375-394 "Copyright in the Information Age: the catch-22 of digital technology" (2006) 2 Critical Arts 47-61 "Developing countries and copyright in the information age – the functional equivalent implementation of the WCT" (2006) 2 Potchefstroom Electronic Law Journal 1-21 "Aesthetics and economics? An overview of the copyright protection of utilitarian works in South Africa" (2006) 2 Speculum Juris 141-159 "From snail mail to e-mail – a South African perspective on the web of conflicting rules on the time of e-contracting" (2006) 39 Comparative and International Law Journal of Southern Africa 178–213 "Click-wrap and web-wrap agreements" (2004) 16 South African Mercantile Law Journal 568–576 "Trade mark tarnishment: should we Laugh It Off all the way to ‘Telkomsucks’ and ‘Hellcom’?" (2004) 16 South African Mercantile Law Journal 727–740 "’Nobody knows you’re a dog’ – the attribution of data messages" (2002) 14 South African Mercantile Law Journal 737–747 "Contract formation: a comparative perspective on the Model Law on Electronic Commerce" (2002) 24 Comparative and International Law Journal of South Africa 129–156 "Digital licensing of intellectual property" (2001) 13 South African Mercantile Law Journal 562–580 (co-author Brian Rutherford) "The protection of electronic databases" (2000) 12 South African Mercantile Law Journal 184–198 "Formation of Internet contracts: an analysis of the contractual and security issues" (1999) 11 South African Mercantile Law Journal 282–299 "The SABC, Madam & Eve, Mother Anderson and the Mealie Woman" (1997) 9 South African Mercantile Law Journal 399–403 "Teaching Intellectual Property Law in English-speaking Africa: current status and future prospects and trends" (1997) 30 De Jure 227–238 (co-author Coenraad Visser) ‘Protection of industrial designs in the European Union – part I: the copyright enigma" (1997) 30 De Jure 283–300 "The Designs Act of 1993: aesthetic and functional designs, spare parts, and integrated circuits" (1995) 112 South African Law Journal 326–342 (co-author Coenraad Visser) "New technologies and old copyrights: the protection of video games as cinematograph films" (1995) 7 South African Mercantile Law Journal 112–120 "The sui generis protection of semiconductor chips (part II) (1995) 28 De Jure 113–141 "The sui generis protection of semiconductor chips (part I) (1994) 27 De Jure 271–293 "The enforceability of shrink-wrap agreements in South Africa" (1993) 5 South African Mercantile Law Journal 1–19 "Confidential information and the danger of confusing classifications" (1993) 5 South African Mercantile Law Journal 330–345 (co-author Coenraad Visser) "Die outeursregbeskerming van funksionele artistieke werke – die problematiek van funksionaliteit versus estetika" ("The copyright protection of functional artistic works – the problem of functionality versus aesthetics") (1993) 5 South African Mercantile Law Journal 190–206 "The Copyright Amendment Act 125 of 1992 and computer programs: a preliminary overview" (1992) 4 South African Mercantile Law Journal 346–359 (co-author Coenraad Visser) "The copyright protection of computer programs in the United States of America – the second generation questions (part 2)" (1992) 25 De Jure 166–182 "The trendy sofa – a useful object or a work of art?" (1992) 4 South African Mercantile Law Journal 91–97 "Service marks for retail and wholesale services: registration judicially denied but legislatively sanctioned" (1991) 108 South African Law Journal 606–613 (co-author Coenraad Visser) "Intention or origin? The requirements for the correction of a clerical error in a patent specification in limbo?" (1991) 3 South African Mercantile Law Journal 266–269 "The copyright protection of computer programs in the United States of America: The first generation questions (part 1)" (1991) 24 De Jure 232–244 "The rights of the user of a computer program and the legality of ‘shrink-wrap’ licences" (1991) 3 South African Mercantile Law Journal 57–72 "The enforceability of article 22 of the Warsaw Convention – an anachronistic system?" (1986–1987) 12 South African Yearbook of International Law 50–72 Other Publications in Professional Journals “The Copyright Protection of Computer Programs Literary works Shunned by the Proposed Bill” (1991) De Rebus 833836 “Confidential Information and the Rights of Employees” (1993) 1 Juta's Business Law 133-134 “Economic Espionage” (1998) 6 Juta's Business Law (1998) “Copyright Infringement in Cyberspace” 6 (1998) Juta's Business Law 134-137 “Shrink-wrap and Click-wrap Agreements: Can they be Enforced?” 7 (1999) Juta’s Business Law 79-86 International Conference Papers “South African Copyright Law and Language” paper delivered on 20 February 2009 at the Copyright Law and Language Conference, Montreal, Canada, 20 February 2009 (Invited paper) "Role Of Geographical Indications And Certification Marks In Promoting Trade And Commerce" Paper Delivered On The 17th Of June 2008 At The Workshop For Heads Of Intellectual Property Offices Organized By The State Intellectual Property Office Of China (SIPO), The African Regional Intellectual Property Organization (ARIPO) And The World Intellectual Property Organization (WIPO) Beijing, June 16 To 20, 2008 (Invited paper) "Imperatives For An Intellectual Property Policy For Universities And R&D Institutions To Facilitate Licensing And Transfer Of Technology" Paper Delivered On The 19th Of June 2008 At Workshop For Heads Of Intellectual Property Offices Organized By The State Intellectual Property Office Of China (SIPO), The African Regional Intellectual Property Organization (ARIPO) And The World Intellectual Property Organization (WIPO) Beijing, June 16 To 20, 2008 (Invited paper) "The impact of intellectual property law on sustainable development", paper delivered at the International Law Association’s 2007 regional conference on Good Governance And Non-State Actors In International Law: An African Perspective, University of South Africa, Pretoria, South Africa, 27–29 August 2007 "Development of electronic communication and transaction law, intellectual property rights and privacy in Namibia, SADC and internationally", paper delivered at the Conference on Information and Communication Technologies for Poverty Reduction and Sustainable Development, Windhoek, Namibia, 2–3 August 2007 "Legal effect of input errors in automated transactions" and "Impact of digital copyright law on consumers", papers delivered at the Eleventh International Conference on Consumer Law of the International Association of Consumer Law, Cape Town, South Africa, 11–13 April 2007 "Overview of project: developing countries and the functional equivalent implementation of the WCT", paper delivered at the Humboldt Foundation Introductory Meeting, Cologne, Germany, 12–14 October 2006 "The functional equivalent implementation of the WCT", paper delivered at the First International Conference on Legal, Privacy and Security Issues in IT, Hamburg, Germany, 30 April–2 May 2006 "Works of art and industrial designs in South Africa", paper delivered at the ATRIP conference on Intellectual Property: Bridging Aesthetics And Economics, at Montréal University, Montréal, Canada, 11–13 July 2005 "Cyberlaw development and harmonisation within SADC", paper delivered at the SADC Law Conference and Annual General Meeting (conference theme: Challenges Facing the Legal Profession in the SADC Region), Windhoek, Namibia, 16–19 June 2005 "Report: due diligence review of Namibian laws for e-laws regime", "e-Commerce and issues related to intellectual property law – lessons for Namibia", "Overcoming the legal barriers to electronic commerce: a Namibian approach", and "Update on revision of chapter 4 (Legal Issues) of Namibia ICT policy", papers delivered at the Seminar/Workshop for Development of e-Laws (Electronic or Cyberlaws) for Namibia, Office of the Prime Minister, Windhoek, Namibia, 23–24 May 2005 "SADC cyberlaw developments: the Namibian position" (co-presenter Gordon Elliot), paper delivered at seminar on Cyberlaw Development and Harmonisation within SADC, Centre for Specialization in Public Administration and Management, Department of Political and Administrative Studies, University of Botswana, Mbabane, Swaziland, 5–8 April 2005 "The web of conflicting theories on contract formation: SA ECT Act of 2002: in step or out of sync?", paper delivered at a conference on Internet and the Law: A Global Conversation, University of Ottawa, Ottawa, Canada, 1–2 October 2004 "Copyright in the information age the catch-22 of digital technology", paper delivered at the international research seminar on the Political Economy of the Southern African Media / Intellectual Property Rights (IPR), Communication and the Public Domain, University of KwaZulu-Natal and the University of Oslo, under the auspices of the Southern African and South-South Working Group on Media, Culture and Communication, Durban, South Africa, 10–14 May 2004 "Drafting of research and development contracts for IP exploitation", "The development of an intellectual property policy", and "New trends in the teaching of intellectual property law", papers delivered at the National Seminar on Education and Training in Intellectual Property, the World Intellectual Property Organization in co-operation with the State Department of Intellectual Property and the National Technical University of the Ukraine, Kiev, Ukraine, 11–13 December 2002 "Drafting of research and development agreements", "Developments in electronic commerce", and "The teaching of intellectual property law at universities", papers delivered at a seminar organized by the World Intellectual Property Organization in co-operation with the Kenyan Intellectual Property Office (KIPO), Eldoret, Kenya, 16–22 July 2002 "Needs for establishing innovation and invention support structures or services in universities of developing countries; role and function of an innovation centre in a developing economy", and "University-industry research and development contracts", papers delivered at the Regional Seminar on the Benefits of the Intellectual Property System for Universities, University Researchers and Research and Development Organisations, World Intellectual Property Organization in co-operation with the Ministery of Science, Technology and Higher Education of the United Republic of Tanzania, Dar Es Salaam, Tanzania, 20–22 June 2000 "Intellectual property education and the needs of business and industry in the 21st century: challenges and opportunities", and "The use of modern information technologies for teaching and research in intellectual property law", papers delivered at the International Conference on Intellectual Property for Business, World Intellectual Property Organization in co-operation with the Government of Bulgaria and the University of National and World Economy, Sofia, Bulgaria, 29–31 May 2000 "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): layout-designs (topographies) of integrated circuits; protection of undisclosed information; control of anti-competitive practices in contractual licenses", and "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): copyright and related rights", papers delivered at the WIPO African Sub-Regional Symposium on the Implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) by Least Developed Countries (LDC’s) by the Year 2000, World Intellectual Property Organization in co-operation with the African Regional Industrial Property Organization (ARIPO) and the Government of the Republic of The Gambia, Banjul, The Gambia, 12–14 April 1999 "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): layout-designs (topographies) of integrated circuits; protection of undisclosed information; control of anti-competitive practices in contractual licenses", and "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): copyright and related rights", papers delivered at the WIPO African Sub-regional Symposium on the Implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) by the Year 2000, World Intellectual Property Organization in co-operation with the African Regional Industrial Property Organization (ARIPO) and the Government of the Republic of Zimbabwe, Victoria Falls, Zimbabwe, 29–31 March 1999 "Teaching of intellectual property law in African Universities: the South African experience", paper delivered at the conference on The Teaching of Intellectual Property Law in Africa, World Intellectual Property Organization, Cairo, Egypt, 5–6 December 1996 National Conference Papers "Traditional knowledge and copyright protection" paper presented at the Conference on Traditional Knowledge in Legal Context, North-West University, Potchefstroom, 17-18 March 2009 (Invited paper ) "Intellectual Property Implications of Outsourcing ICT" paper delivered on the 26th of November 2008 at the Outsourcing & ICT Contracts: Procuring Technology partners in the Private Sector Conference held 26-27 November 2008 in Pretoria (Invited paper) "Criminal Copyright Infringement on the Internet" on the 10th of November 2008 at the Cyber Crime Africa Summit held 10-12 November 2008 in Johannesburg (Invited paper) "Implementation of ADR for .za" on the 30th October at the South Africa’s 3rd Annual Cyberlaw Conference 28-30 October 2008 in Pretoria (Invited paper) "SA/International copyright laws on web-crawling and data mining on the Internet" on 24 October 2008 at the SABS TC 37 SC3 Workshop: Towards a Legal Framework for 2HLT in SA held on 24 October 2008 Pretoria "The Role of IP in the South’s Development Agenda" paper presented on the 10th of October 2008 at the Alexander von Humboldt Foundation Conference on Sustainable Development of Southern Africa held on the 8th ot the 10th of October 2008 "Reverse Domain name Hijacking in ,co.za" paper presented at a training workshops held by the CO.ZA domain name administrators, UniForum SA, in association with the SAIIPL, the .ZA Domain Name Authority in CapeTown on the 19th of Sptember 2008 "The meaning and Purpose of Reverse Domain name Hijacking" paper presented at a training workshops held by the CO.ZA domain name administrators, UniForum SA, in association with the SAIIPL, the .ZA Domain Name Authority in Pretoria on the 16th of September 2008 "The Phone Book Case: Reverse Domain name Hijacking" paper presented at a training workshops held by the CO.ZA domain name administrators, UniForum SA, in association with the SAIIPL, the .ZA Domain Name Authority in Pretoria on the 15th of September 2008, "The IP Protection of Electronic Databases: Copyright or Copywrong?" on 11 July 2008 at the 2008 ISSA Innovative Minds Conference "Meaningful Purpose of Reverse Domain Name Hijacking" paper presented on the 22nd of May 2008 at the Convention on Lex Informatica - The Law on Electronic Communications, Electronic Commerce and Information Technology (2008) Pretoria, 21-23 May 2008 (Invited paper) "Automated Transactions and Input Errors: Tata-Ma-Chance?" on the 21st of May 2008 at the Convention on Lex Informatica - The Law on Electronic Communications, Electronic Commerce and Information Technology (2008) Pretoria, 21-23 May 2008 (Invited paper) "How alternative is the .za ADR?", paper delivered at the Second Annual Cyberlaw Conference, Pretoria, South Africa, 4–6 September 2007 "Digital copyright law: the impact on access to information", paper delivered at the South African Commercial Law in a Globalised Environment Workshop 2006, Centre for Business Law, University of South Africa, Sandton, South Africa, 22 August 2006 "Copyright control", paper delivered at the First Cyberlaw Conference, Johannesburg, South Africa, 21 July 2006 "Consumers’ right to complain: cyber griping and trade-mark infringement", paper delivered at the Consumer Protection in Commercial Law Workshop 2005, Centre for Business Law, University of South Africa, Sandton, South Africa, 25 August 2005 "Cyber griping: freedom of expression or abusive domain name registration?", paper delivered at the ISSA 2005 Conference, Johannesburg, South Africa, 30 June 2005 "Cyberloafing@work: the monitoring of employees", paper delivered at the Sixth Annual Conference on World Wide Web Applications, Rand Afrikaans University and the Technikon Witwatersrand, Johannesburg, South Africa, 1–3 September 2004 "e-Mail monitoring and the ECT Act", paper delivered at the Fourth Annual ISSA 2004 IT Security Conference, Johannesburg, South Africa, 30 June–2 July 2004 "Die beskerming van e-verbruikers: regsimplikasies vir e-handelaars" ("The protection of e-consumers: legal implications for e-traders"), paper presented at the AHI Legal Committee Meeting, Pretoria, South Africa, 26 October 2003 "Thumbnail images, fair use & copyright owners" and On-line consumer protection – vapourware?", papers delivered at the e-Commerce & Current Commercial Law Workshop 2003, Centre for Business Law, University of South Africa, Sandton, Johannesburg, 28 August 2003 "Intellectual property and electronic commerce" (co-author Coenraad Visser), paper delivered at the ABLU 2003 Annual Banking Law Update 2003, Rand Afrikaans University, Witkoppen, Johannesburg, South Africa, April 2003 "Information security and the law", paper delivered at the Third Annual ISASSA 2003 IT Security Conference, Sandton, South Africa, July 2003 "Nuwe regsontwikkelinge in e-handel" ("New legal developments in e-commerce"), paper delivered at the AHI Legal Committee Meeting, Pretoria, South Africa, 1 August 2002 "Intellectual property rights of designers", paper delivered at a training workshop Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Pretoria Technical College, Pretoria, South Africa. 22 March 2002 "Intellectual property rights of designers", paper delivered at a training workshop Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Cape Town Technical College, Cape Town, South Africa. 20 March 2002 "Intellectual property rights of designers", paper delivered at a training workshop Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Durban Technical College, Durban, South Africa. 18 March 2002 "Digital security", paper delivered at the Current Commercial Law Workshop 2001, Centre for Business Law, University of South Africa, Midrand, South Africa, 12 March 2001 "Copyright infringement in cyberspace", paper delivered at the CyberLaw 2 Avoid Costly Litigation in Cyberspace Conference, Rosebank, Johannesburg, South Africa, 23–24 August 2000 "Intellectual property law perspectives on e-commerce", contribution to the session on "Culture and content" at the ICT 2000 Innovation, Delivery and Development Conference, Rosebank, Johannesburg, South Africa, 25–27 July 2000 "Intellectual property and cyber law" (co-author Coenraad Visser), paper delivered at the Annual Banking Law Update Conference 2000, Rand Afrikaans University, Witkoppen, Johannesburg, South Africa, 12 April 2000 "The protection of electronic databases", paper delivered at the Current Commercial Law Workshop 2000, Centre for Business Law, University of South Africa in Midrand, Johannesburg, 16 March 2000 The enforceability of shrink-wrap and click-wrap agreements and the rights, duties and obligations arising therefrom", paper delivered at a conference entitled Year 2000 Disaster or Delight? and What is the Supplier’s Liability?, Sunnyside, Pretoria, South Africa, 21 April 1999 "Formation of Internet contracts: an analysis of the contractual and security issues", paper delivered at the Current Commercial Law Workshop, Centre for Business Law, University of South Africa, Midrand, South Africa, 11 March 1999 "The licensing of study material and the licensing and commercialization of the university’s trade-mark rights", paper delivered at a conference on Commercialising Intellectual Property at Academic Institutions, Midrand, South Africa, 16 November 1998 "Copyright infringement in cyberspace", paper delivered at a conference entitled e-Commerce & YK2 Midrand, South Africa, 20 October 1998 "Functional designs and the South African semiconductor chip industry", paper delivered at the Congress of the Association of University Law Teachers, University of the Western Cape, Cape Town, South Africa, 23 January 1996 "Die outerusregbeskerming van funksionele artistieke werke: die problematiek van funksionaliteit versus estetika" ("The copyright protection of functional artistic works: the problem of functionality versus aesthetics"), paper delivered at the Congress of the Association of University Law Teachers, Stellenbosch University, Stellenbosch, South Africa, 20 January 1993 "The enforceability of shrink-wrap agreements in South Africa", paper delivered at the LES (Licensing and Executive Society) South African Software Conference, Karos Lodge, Eastern Transvaal, South Africa, 21–24 July 1992 International Workshops Presented and led a five-day Workshop for Development of a Framework/Model for Open Licensing of Materials Between Southern African ODL Institutions, University of South Africa, Pretoria, South Africa, 27 February–3 March 2006 Presented and led Seminar/Workshop for Development of E-Laws (Electronic or Cyberlaws) for Namibia, Office of the Prime Minister, Windhoek, Namibia, 23–24 May 2005 "Workshop II: Legal Aspects of Electronic commerce" and "Workshop VI: Intellectual Property Law Aspects of the Internet" National Workshops Presented a half-day workshop Cyberla 2009 for Law Society of South Africa and Legal Education and Development at: Presented a half-day workshop at the Artificial Intelligence and Information Security Conference 2008 on "Commissioning Computer program development'; Legal issues related to information security and legislation; Introduction to ECT Act; Legal effect of e-communications; Platform development for e-commerce and m-commerce: Interface between legal & technical requirements" held on 29thh of August, 2008 ABSA Conference Centre, Pretoria Presented and led a two-day workshop Training Workshop for Magistrates on e-Communications, Forensics and Organized Crime, "Computer terms expanded", "Overview of the ECT Act", "Legal recognition of data messages and contract formation", "e-Consumers and spam", "Signatures in electronic commerce", "Electronic records and evidentiary value", and "Illustration: Office of the Inspector-General of Intelligence"; at: Presented and led a two-day workshop at the Advanced Training Workshop for Magistrates on Contract Law, Pretoria, South Africa, 23–24 July 2007 "Computer terms expanded", "Overview of the ECT Act", "Legal recognition of data messages and contract formation", "e-Consumers and spam", "Signatures in electronic commerce", "Electronic records and evidentiary value", and "Illustration: Office of the Inspector-General of Intelligence"; Presented and led a one-day workshop on Intellectual Property Policy Development, Johannesburg, South Africa, 1 March 2005 Co-presented a one-day Workshop on Global Villages and IP on the Internet Johannesburg, South Africa, 12 September 2001 on "The protection of electronic databases", "Digital licensing", "Digital security", and "Limitation of liability for copyright infringement", and "Copyright infringement and the Internet" (co-presenter Prof CJ Visser) Contributions to Law Updates: “Copyright” LAWSA Supplement (1993; 1995-1997) (co-authors: Vorster LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) “Designs” LAWSA Supplement (1993; 1995-1997). (co-authors: Vorster LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) “Patents, Inventions and Heraldy” LAWSA Supplement (1993; 1995-1997) (co-authors: Vorster LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) “Trade Marks” LAWSA Supplement (1997) (co-authors: Vorster LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) Research Reports The Legal Implications of 'Spoofed' Caching: A South African View (research paper commissioned by Oversi (Israeli Telecommunications Company)) (May 2009) A South African Perspective on the Treatment of Know how in international R&D Cooperation (University of Aachen, Aachen, Germany (project leader) and the Munich Intellectual Property Law Center and Fraunhofer Institut), Munich, Germany (Nov 2008). Legal Opinion on Impact of Traditional Knowledge Intellectual Property Laws Amendment Bill, 2007 (research paper commissioned by the South African Music Rights Organisation (SAMRO) (May 2008)) The Role of IP Right Protection in Encouraging FDI, Technology Transfer and Sustainable Development: Lessons from South Africa (research paper commissioned by the United Nations University (Nov 2007)) Research Report on Guidelines for the Use of State Emblems (research paper commissioned by the Department of Trade and Industry and funded by US Aid (Oct 2001) Draft ICT Policy Document (2001) (by Schoeman, Miller & Esselaar et al) submitted to Ministry of Foreign Affairs, Information and Broadcasting by Schoemans Office Systems (April 2001) Comparative Survey of Legislative Initiatives on Select Aspects of Electronic Commerce (2000) academic paper commissioned by the Department of Communications available at http://www.ecomm-debate.co.za Contracting on the Internet: The Formation of Contracts, Trade Practices and Online Dispute Resolution (co-authored by Eddie Hurter) (2000) academic paper commissioned by the Department of Communications available at http://www.ecomm-debate.co.za Select Intellectual Property Implications of Electronic Commerce And Global Information Networks: Copyright, Trade Marks, and Databases (co-authored by Prof Coenraad Visser) (2000) academic paper commissioned by the Department of Communications available at http://www.ecomm-debate.co.za Policy and Procedures for Legal Services for the Department: Legal Services of the Electoral Commission (1998) Business Plan (Bosplan) for Legal Services for the Department: Legal Services of the Electoral Commission (1998) Kommentaar op Aanbevelings vir die Daarstelling van ’n Intellektueelgoedereg Beleid vir UP (1998) as requested by University of Pretoria Regsgeldigheid van Verskillende Bergingsmedia as requested by Infotek, CSIR (1993) (co-author: Prof. C.J. Visser) Comments to the Advisory Committee on Copyright, Trade Marks, Designs and Patents on the Copyright Amendment Bill, 1992 Report to the Secretary of the Intellectual Property Advisory Committee: (31 June 1991) ADR Decisions Telkom SA Ltd & TDS Directory Operations (Pty) Ltd SAIIPL Decision ZA2007-0005 (Oct 2007) available at Luxottica US Holdings Corporation v Preshal Iyar) SAIIPL Decision ZA2008-00015 (May 2008) available at http://www.domaindisputes.co.za/downloads/decisions/ZA2007-00015.pdf |
Mercantile Law
Qualifications: