Department of Mercantile Law

Prof C Visser

College of Law
School of Law
Department: Mercantile Law
Professor
Tel: 012 429 8452
E-mail: vissecj@unisa.ac.za

Currently teaching

MCOPLWS
MGINLWG 
MPATLWJ

Field of Specialisation

Intellectual Property Law

Books

Books and chapters in books since 1996:

1. Chapter 9: "Making intellectual property laws work for traditional knowledge" in: J Michael Finger & Philip Schuler (eds) Poor People’s Knowledge: Promoting Intellectual Property in Developing Countries, Oxford University Press (2004) pp 207-240

2. General editor: South African Mercantile and Company Law 8 ed (2003), Juta & Co Ltd: Cape Town/Wetton/Johannesburg. Also contributed the chapters on "Introduction", "Sale", "Letting and Hiring of Immovable Property", "Commercial Agency", "Insurance", "Security", and "Competition, Trade Marks, Copyright and Patents"

3. Chapter 38: "Cultural industries and intellectual property rights" (with Frank J Penna) in: Bernard Hoekman, Aaditya Mattoo & Philip English (eds) Development, Trade, and the WTO: A Handbook, The World Bank: Washington DC (2002) pp 390-402

4. General editor: South African Mercantile and Company Law 7 ed (1997), Juta & Co Ltd: Cape Town/Wetton/Johannesburg. Also contributed the chapters on "Introduction", "Sale", "Letting and Hiring of Immovable Property", "Commercial Agency", "Insurance", "Security", and "Competition, Trade Marks, Copyright and Patents"

Journal articles

 Publications in peer review journals since 1996:

1. "The policymaking dynamics in intergovernmental organizations: A comment on the remarks of Geoffrey Yu" (2007) 82 Chicago-Kent Law Review 1457–1466

2. "Intellectual property rights from publicly financed research: the way to research hell is paved with good intentions" (2007) 19 South African Mercantile Law Journal 363–371

3. "Technological protection measures: South Africa goes overboard. Overbroad" (2006) 7 Southern African Journal of Information and Communication 54–63

4. "Biodiversity, bioprospecting, and biopiracy: a prior informed consent requirement for patents" (2006) 18 South African Mercantile Law Journal 497–507

5. "The writing requirement for the assignment of copyright: constitutive or probative?" (2005) 17 South African Mercantile Law Journal 360–367

6. "The location of the parody defence in copyright law: some comparative perspectives" (2005) 38 Comparative and International Law Journal of Southern Africa

7. "Applicable law in online copyright disputes: a proposal emerges" (2004) 16 South African Mercantile Law Journal 765–778

8. "Yet again the interpretation of patent claims" (2003) 15 South African Mercantile Law Journal

9. "The politics of intellectual property" (2003) 6 Journal of Risk Research 552–558

10. "Making intellectual property law work for traditional knowledge: some thoughts" (2002) 14 South African Mercantile Law Journal 656–687

11. "Online service provider liability under the Electronic Commercial Transactions Act"(2002) 14 South African Mercantile Law Journal 758–764

12. "Intellectual property and electronic commerce: some thoughts on a green opportunity missed" (2001) 13 South African Mercantile Law Journal 615–628

 

 

13. "'Affordable medicines' exceptions to patent rights under the TRIPS Agreement: some pointers for South Africa?"(2001) 34 Comparative and International Law Journal of Southern Africa 377–396

14. "Online service providers: models for limiting their liability" (2000) 12 South African Mercantile Law Journal 164–174

15. "Intellectual property law" 2000 Annual Survey of South African Law

16. "Recent international developments regarding the protection of domain names" (1999) 11 South African Mercantile Law Journal 485–

17. "Choice of law in Internet copyright disputes" (1999) 11 South African Mercantile Law Journal 268–281

18. "Intellectual property law" 1999 Annual Survey of South African Law 512–523

19. "Intellectual property law" 1998 Annual Survey of South African Law 546–566

20. "Insurance law" 1998 Annual Survey of South African Law 477–504

21. "Teaching intellectual property law in English-speaking Africa: current status and future prospects and trends" (with Tana Pistorius) (1997) 30 De Jure 227–238

22. "Intellectual property law" 1997 Annual Survey of South African Law 529–554

23. "Insurance law" 1997 Annual Survey of South African Law 467–493

24. "Intellectual property law" 1996 Annual Survey of South African Law 614–632

25. "Insurance law" 1996 Annual Survey of South African Law 535–565

 

Other

Conference participation since 1996

1. "Developing an effective and relevant IP curriculum at South African universities", paper delivered at the Regional Conference on Intellectual Property Law Enforcement, University of KwaZulu Natal, Durban, South Africa, 20 to 22 November 2007

2. "Opportunities and challenges to copyright and related rights in the digital era", paper delivered at the WIPO International Seminar on the Strategic Use of Intellectual Property for Economic and Social Development, Cape Town, South Africa, 22 to 26 October 2007

3. "Indigenous intellectual property rights: an international perspective", paper delivered at the International Law Association Regional Conference South Africa 2007: Good Governance and Non-State Actors in International Law: An African Perspective, University of South Africa, Pretoria, South Africa, 27 to 29 August 2007

4. "Emerging needs and challenges faced by academic institutions in the teaching of intellectual property and carrying out intellectual property research, with special emphasis on South Africa", and "Intellectual property research in South Africa", papers delivered at the WIPO National Symposium on Intellectual Property Education, Training and Research, Cape Town, South Africa, 30 to 31 January 2007

5. "Access to essential medicines: drug patents", and "The policymaking dynamics of intergovernmental organizations", panel discussions at the Conference on Intellectual Property, Trade & Development: Accommodating and Reconciling Different National Levels of Protection, Chicago-Kent University, Chicago, Illinois, United States of America, 12 and 13 October 2006

6. "Trade and intellectual property rights: international, regional and domestic perspectives", paper delivered at the Symposium on a Curriculum for Biotechnology Law, University of Cape Town, Cape Town, South Africa, 31 August 2006

 

 

7. "Making intellectual property work for traditional knowledge", lecture delivered as part of the Intellectual Property Speaker Series, Cardozo School of Law, New York, New York, United States of America, 24 April 2006

8. "Parody and its role in trademark law: the South African Constitutional Court joins the debate", paper delivered at the Fourteenth Annual Conference on International Intellectual Property Law & Policy, Fordham University School of Law, New York, United States of America, 20 to 21 April 2006

9. "The evolving landscape of intellectual property law in South Africa", paper delivered at the Seminar on Intellectual Property Law in South Africa, University of Cape Town, Cape Town, South Africa, 18 August 2005

10. "Technological protection of copyright works", paper delivered at the Consumer Protection in Commercial Law Workshop, Centre for Business Law, University of South Africa, Sandton, South Africa, 25 August 2005

11. "Issues in comparative intellectual property law", paper delivered at the Comparative Law in the Twenty-First Century Conference, University of Arizona, Tucson, Arizona, United States of America, 8 to 9 April 2005

12. "Choice of law in transnational copyright infringement disputes relating to music works on the Internet", paper delivered at the Private International Law Conference: Art, Music, Human Rights and Private International Law, University of Johannesburg, Johannesburg, South Africa, 17 to 20 January 2005

13. "The evolving landscape of intellectual property law in South Africa", paper delivered at the Seminar on Intellectual Property Law in South Africa, University of Cape Town, South Africa, 18 August 2005

14. "Creating cultural identity in the global marketplace: the branding of culture-based products" and "The music industry in West Africa: intellectual property and harnessing economic potential", papers delivered at the conference on West Africa and Intellectual Property: Policy Priorities to Foster Economic Growth and Culture, Dakar, Senegal, 6 to 8 December 2004

15. "Pros and cons of challenges of the Open Source and proprietary software systems: the experience of South Africa" and "WIPO intellectual property audit initiative: lessons learnt from the pilot phase of the intellectual property assessment in South Africa", papers delivered at the Round Table on Topical Intellectual Property Development Issues for Heads of Industrial Property Offices, Mombasa, Kenya, 22 to 26 November 2004

16. "Developing countries’ perspectives on TRIPS", panel discussion at the Tenth Annual Conference on International Intellectual Property Law and Policy, organized by the Fordham University School of Law, New York, United States of America, 5 April 2002

17. "Protecting intellectual property: an international perspective", paper delivered at the Cyberlaw III conference, Johannesburg, South Africa, 27 February 2002

18. "The protection of copyrighted work on the Internet: the WIPO copyright treaties", paper delivered at the conference on Copyright Issues in Southern Africa: Impediments and Solutions to the TRIPS Agreement and the WIPO Treaties, Johannesburg, South Africa, 8 to 9 November 2001

19. "Copyright treaties", "Domain name issues", "Electronic commerce and intellectual property", "Folklore and intellectual property", "Suggested legislation and statute revision for African countries", "The Madrid Agreement Concerning the International Registration of Marks and the 1989 Protocol", "Traditional knowledge and intellectual

 

 

property issues", and "Traditional knowledge cases", papers delivered at the seminar on Intellectual Property and Transfer of Technology, Kampala, Uganda, 30 October to 10 November 2000

20. "AIDS drugs and the developing world: the role of patents in the access of medicines", and "Cultural infringement of copyrights, focusing on traditional knowledge and protection of folklore", panel discussions at the conference on Global Intellectual Property Rights: Boundaries of Access and Enforcement, organized by the Fordham University School of Law, New York, United States of America, 19 October 2001

21. "International framework: treaties and their implementation", "Jurisdiction and choice of law", "Striking a balance between the right to economic activity and the protection of intellectual property rights", and "Technical protection and protection of rights management information", papers presented at a workshop on The Global Village and Intellectual Property on the Internet, Johannesburg, South Africa, 12 September 2001

22. "Economic, political and legal importance of copyright and related rights in international commerce: the present situation and future developments", and "The protection of performers and producers of phonograms under the Rome Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WPPT", papers presented at the Regional Workshop for Countries of Africa on the Implementation of the WIPO Internet Treaties, Windhoek, Namibia, 3 to 5 July 2001

23. "Copyright protection and the Internet", "Dealings in intellectual property", and "International standards for the protection of copyright", papers delivered at the National Intellectual Property Seminar, Lusaka, Zambia, 27 to 29 June 2001

24. "The Green Paper on Electronic Commerce: legal implications for website owners", paper presented at a workshop on Current Commercial Law, Midrand, South Africa, 22 March 2001

25. "Making intellectual property work in developing countries: problems, DC capacities, suggestions", paper delivered at a conference on Intellectual Property in Developing Countries, The World Bank, Washington DC, United States of America, 14 March 2001

26. "Private international law aspects of intellectual property protection", panel discussion at the Forum on Private International Law and Intellectual Property, Geneva, Switzerland, 30 to 31 January 2001

27. "Models of protection and related experiences in African and Latin American countries", paper presented at the Twelfth Ringberg Symposium: Indigenous and Traditional Resources, Max Planck Institute for Foreign and Comparative Competition, Intellectual Property and Tax Law, Munich, Germany, 23 November 2000

28. "Copyright protection and the Internet: WIPO Copyright Treaty; WIPO Performances and Phonograms Treaty; Copyright and Electronic Commerce", "Copyright protection: a new dimension", "International standards for protecting copyright", and "International standards for protecting copyright: TRIPS Agreement, Berne Convention for the Protection of Literary and Artistic Works", papers delivered at the National Seminar on the Agreement on Trade-Related Aspects of Intellectual Property Rights and Other Aspects of Intellectual Property, Kampanda, Zambia, 15 to 17 November 2000

29. "Global Trade: An African Perspective on Culture and Trade", paper delivered at the conference on Images of the World: Consequence of Globalisation for the Cultures of the World, Copenhagen, Denmark, 4 to 6 August 2000

 

 

30. "Copyright protection and the Internet", and "Emerging copyright issues", papers delivered at the Francophone Africa Symposium on International Standards for Protecting and Enforcing Intellectual Property in the Digital Era, Dakar, Senegal, 24 to 27 July 2000

31. "Copyright protection and the Internet", and "International standards for protecting copyright", papers delivered at the National Seminar on the Agreement on Trade-Related Aspects of Intellectual Property Rights and Other Aspects of Intellectual Property, Port Louis, Mauritius, 24 to 27 July 2000

32. "Copyright protection and the Internet", "Copyright protection: a new dimension", and "International standards for protecting copyright", papers delivered at the WIPO African Regional Introductory Course on Intellectual Property, Pretoria, South Africa, 17 to 21 July 2000

33. "The Audiovisual Protocol", paper delivered at a conference on the Management and Legitimate Use of Intellectual Property, organized by the European Commission, Strasbourg, France, 11 July 2000

34. "Models of copyright protection under the TRIPS Agreement", paper delivered at the Workshop on Developing the Music Industry in Africa, Washington DC, United States of America, 20 June 2000

35. "Is there life after Seattle? An African perspective", panel discussion at the Eighth Annual Conference on International Intellectual Property Law and Policy, organized by the Fordham University School of Law, New York, United States of America, 28 April 2000

36. "Intellectual property and cyberlaw" (with Tana Pistorius), paper delivered at the Annual Banking Law Update, Johannesburg, South Africa, 12 April 2000

37. "Online service providers: models for limiting their liability", paper presented at the Current Commercial Law Workshop, Midrand, South Africa, 16 March 2000

38. "Los derechos intelectuales de los artistas interpretes audiovisuales en los paises africanos: posibilidad de un instrumento internacional sobre la materia", paper delivered at the Forum Internacional Sobre Interpretaciones Audiovisuales, Madrid, Spain, 10 October 1999

39. "Intellectual property and cyberlaw", paper delivered at the Annual Banking Law Update conference organized by the Centre for Banking Law, Rand Afrikaans University, in Johannesburg, South Africa, 20 April 1999

40. "Recent developments with regard to domain names", paper delivered at the Seventh Annual Conference on International Intellectual Property Law and Policy, organized by the Fordham University School of Law, New York, United States of America, 9 April 1999

41. "Options for the legal protection of expressions of folklore at national, regional and international levels" and "Use of the existing intellectual property system to protect folklore", papers delivered the WIPO African Regional Consultations on the Protection of Expressions of Folklore, Pretoria, South Africa, 23 and 24 March 1999

42. "The importance of the protection of intellectual property rights in global trade" and "Teaching of intellectual property in universities: current status and prospects for future development", papers delivered at the WIPO Seminar on the Importance of Research and Teaching of Intellectual Property Rights, Casablanca, Morocco, 19 March 1999

 

 

43. "Issues of the implementation of the treaties: new objects protected, existing and new rights protected" and "The treaties and their implementation: experiences and viewpoints from the regions - Africa", papers delivered at the WIPO Regional Symposium for African Countries on the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT)’, Windhoek, Namibia, 17 and 18 March 1999

44. "Basic notions of copyright and neighboring rights", "TRIPS agreement, the overview of its implementation, its relevance and impact on copyright legislation" and "The protection of folklore: perspectives and challenges", papers delivered at the Regional Workshop on Copyright and Neighboring Rights for Sectoral Contact Points and National Contact Persons of the Southern African Development Community, Maputo, Mozambique, 10 to 12 March 1999

45. "Choice of law in Internet copyright disputes", paper delivered at the Commercial Law Workshop, a Juta’s Insight Seminar, Johannesburg, South Africa, 11 March 1999

46. "Enforcement of copyright and related rights under the TRIPS agreement", "Implications of the TRIPS agreement on copyright and related rights legislation of African and Arab countries" and "Legal aspects of electronic commerce: implications on copyright and related rights", papers delivered at the WIPO Afro-Arab Symposium on Copyright and Related Rights, Tunis, Tunisia, 16 to 18 November 1998

47. "Introduction to performers’ rights and protection of performers’ rights in the WIPO Performances and Phonograms Treaty (WPPT)" and "Situation of the implementation of performers’ rights in South Africa", papers delivered at the WIPO Colloquium on the Protection of Performers’ Rights in African English-speaking Countries, Lilongwe, Malawi, 19 October 1998

48. "Electronic commerce", "Copyright issues" and "Databases and service provider liability", papers delivered at the WIPO African Regional Colloquium on the Teaching of New Intellectual Property Issues, Pretoria, South Africa, 14 and 15 October 1998

49. "Domain names: emerging international trends and proposals", paper delivered at the Sixth Annual Conference on International Intellectual Property Law and Policy, organized by the Fordham University School of Law, New York, United States of America, 16 April 1998

50. "South Africa’s experience with WIPO: how it affects everything from the protection of indigenous folklore to the Internet", paper delivered at the Intellectual Property Rights Conference, organized by the United States Information Service in Johannesburg, 17 October 1997

51. "General obligations on enforcement under part III of the TRIPS agreement", paper delivered at the WIPO Regional Symposium for African English-speaking Countries on the Economic Importance of Intellectual Property and the Enforcement of Rights under the TRIPS Agreement, in Arusha, Tanzania, 6 March 1997

52. "Trends in teaching and research in the field of intellectual property law", paper delivered at the WIPO National Workshop on Intellectual Property Law, in Kampala, Uganda, 28 October 1996