ESP Wiki is looking for moderators and active contributors!
Difference between revisions of "South Africa"
m (spam Undo revision 5669 by 93.190.138.249 (Talk)) |
(add recent info and references - where's the "as such" wording in SA legislation?) |
||
| Line 1: | Line 1: | ||
{{Infobox|Country-region-todo}} | {{Infobox|Country-region-todo}} | ||
| + | In '''South Africa''', software patents are criticised by politicians, granted by the patent office,<ref>http://mybroadband.co.za/news/Software/9622.html</ref> but have never been examined by a court.<ref>http://mybroadband.co.za/news/Software/9693.html</ref> | ||
==Criticism from Minister== | ==Criticism from Minister== | ||
| Line 13: | Line 14: | ||
==Patent office practice== | ==Patent office practice== | ||
| − | |||
| − | + | South Africa has an unusual "non-examination" system regarding the approval of patent applications.<ref>http://www.ftisa.org.za/uploads/9/3/advert_web.pdf</ref><ref>http://mybroadband.co.za/news/Software/9693.html</ref> | |
| + | |||
| + | Microsoft have been granted over 300 patents in South Africa, most of which are for software ideas.<ref>http://patentsearch.cipro.gov.za/patents/patentsearch.aspx - Advanced Search "Applicant/Patentee" for "microsoft" - 620 results, half are duplicates</ref> | ||
==Legislation== | ==Legislation== | ||
| − | Here's the legislation in South Africa on [[patentable subject matter]], from section 25 of the Patent Act, Act 57 of 1978: | + | Here's the legislation in South Africa on [[patentable subject matter]], from section 25 of the Patent Act, Act 57 of 1978:<ref>http://www.cipro.gov.za/products_services/patents.asp</ref> |
''25. Patentable inventions'' | ''25. Patentable inventions'' | ||
| Line 31: | Line 33: | ||
::''(f) a program for a computer; or'' | ::''(f) a program for a computer; or'' | ||
::''The presentation of information shall not be an invention for the purposes of this Act.'' | ::''The presentation of information shall not be an invention for the purposes of this Act.'' | ||
| + | |||
| + | ==2009 claims that software is patentable== | ||
| + | |||
| + | Following a news article which pointed out that software ideas are excluded from patentability in South Africa,<ref>http://mybroadband.co.za/news/Software/9622.html</ref> a law firm which specialises in patents, Spoor & Fisher, wrote an article pointing out that | ||
==External links== | ==External links== | ||
| Line 44: | Line 50: | ||
[[Category:Countries and regions]] | [[Category:Countries and regions]] | ||
| + | {{page footer}} | ||
Revision as of 06:47, 8 October 2009
Country-region-todo
In South Africa, software patents are criticised by politicians, granted by the patent office,[1] but have never been examined by a court.[2]
Contents
Criticism from Minister
In 2008, the Minister for Public Service and Administration, Geraldine Fraser-Moleketi, described software patents as[3]:
- issue which pose a considerable threat the growth of the African software sector” and how there had been “recent pressure by certain multinational corporations to file software patents in our national and regional patent offices. Whereas free software and open standards are intended to be open and encourage competition, patents are exclusive and anti-competitive by their nature.”
- “Whereas there are some industries where the temporary monopoly granted by a patent may be justified … there’s no reason to believe that society benefits from such monopolies being granted for computer programs [and inventions],”
- The minister said that the “continued growth in the quantity and quality of free software illustrates that such protection is not required to drive innovation in software. Indeed, all of the current so-called developed countries built up their considerable software industries in the absence of software patents. For those same countries to insist on software patents now is simply to place patents as barriers in front of newcomers.
- “African software developers have enough barriers as it is without the introduction of artificial restrictions on what programs they are and aren’t allowed to write,”
Patent office practice
South Africa has an unusual "non-examination" system regarding the approval of patent applications.[4][5]
Microsoft have been granted over 300 patents in South Africa, most of which are for software ideas.[6]
Legislation
Here's the legislation in South Africa on patentable subject matter, from section 25 of the Patent Act, Act 57 of 1978:[7]
25. Patentable inventions
- (1) A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade and industry or agriculture.
- (2) Anything which consists of:
- (a) a discovery;
- (b) a scientific theory;
- (c) a mathematical method;
- (d) a scheme, rule or method for performing a mental act, playing a game or doing business;
- (f) a program for a computer; or
- The presentation of information shall not be an invention for the purposes of this Act.
2009 claims that software is patentable
Following a news article which pointed out that software ideas are excluded from patentability in South Africa,[8] a law firm which specialises in patents, Spoor & Fisher, wrote an article pointing out that
External links
- http://www.cipro.gov.za - South Africa's patent office
- Freedom to innovate South Africa (ftisa)
- Presentation by Dan Ravicher, including info about South Africa
References
- ↑ http://mybroadband.co.za/news/Software/9622.html
- ↑ http://mybroadband.co.za/news/Software/9693.html
- ↑ http://www.tectonic.co.za/?p=2304
- ↑ http://www.ftisa.org.za/uploads/9/3/advert_web.pdf
- ↑ http://mybroadband.co.za/news/Software/9693.html
- ↑ http://patentsearch.cipro.gov.za/patents/patentsearch.aspx - Advanced Search "Applicant/Patentee" for "microsoft" - 620 results, half are duplicates
- ↑ http://www.cipro.gov.za/products_services/patents.asp
- ↑ http://mybroadband.co.za/news/Software/9622.html
