This research report examines the policy implications of changes in the Intellectual Property (IP) legislative environment and the possible impact thereof on the emerging 4th Industrial Revolution.
This research report examines the policy implications of changes in the Intellectual Property (IP) legislative environment and the possible impact thereof on the emerging 4th Industrial Revolution. It reviews the current and emerging legislative environment pertaining to IP; provides a brief overview of the 4th Industrial Revolution; exposes policy implications of the current and emerging legislative environment pertaining to IP; and further addresses the policy implications, requirements and impacts of the current and emerging legislative environment for the realisation of the 4th Industrial Revolution.
A review of the current legislative environment reveals that there is a lot of legislative work being carried out, in particular, by the Department of Trade and Industry to address the key and emerging issues regarding intellectual property rights and protection. Amongst these are the Bills on Intellectual property law, copyright, performers’ protection, plant breeders’ rights, promotion and protection of indigenous knowledge and the policy on intellectual property. Equally, South Africa in considering adopting some international instruments to bolster its intellectual property regime.
However, all these changes will be in vain if they do not take place in the cognisance of the current era characterised by the sheer exponential pace of the world’s technological advancement taking place in the breadth and depth and affecting all our systems in a manner never seen before. The experience that has been dubbed the 4th Industrial Revolution has become the mainstay of the human life today. South Africa as a developing country should not be left behind in this process. The threat exists and unless safeguards are created to support and cushion local developmental needs, the 4th Industrial Revolution may become an affliction more than a benefit. Otherwise, broadly speaking, the 4th Industrial Revolution brings with it a new way that should be embraced within the confines of local circumstances.
The criticisms being levelled against the current and emerging legislative framework suggests some disparity between law and practice. These range from the concern that the current laws do not speak the language of the of the practitioners; that some new foreign concepts that are being imported into our law are detrimental to local players; that the laws embrace the voices of the big players and do not take note of the concerns of small and emerging players; that the law stifles than it spurs innovation; and that generally our intellectual property law lacks strategic theoretical and philosophical foundation.
The current laws and proposed amendments, especially on copyrights and performers protection particularly affects the arts, culture and heritage sector. There is considerable criticism of the Copyright Bill because of its new approaches on “user rights” and “fair use” exceptions which have an impact on the promotion of creativity and innovation going forward. However, performers on the other hand, it would seem, appreciate the amendments to the Performers Protection Bill to the extent that the new provisions seek to grant performers resale value. However, the growth of the arts and culture industry is not simply to benefit the players. Indeed, as the Revised White Paper on Arts, Culture And Heritage points out, “the arts, culture and heritage contribute to change and the creation of a better life for all by building on the achievements of the past two decades and creatively addressing the new opportunities and challenges that have arisen.” To fully benefit from the current wave of technological advancements, a few recommendations are made. Chiefly, South Africa needs to undertake a comprehensive review of its intellectual property laws through an inclusive approach that involves all stakeholders. However, this must be grounded in a theoretical and philosophical framework that is informed by the strategic objective of South African and its objectives. Crucially, the question whether a protective regime or an access regime is appropriate for meeting South Africa’s strategic objectives, must be answered.
