Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | PATENTS ONLY The following shall not be an act of infringement of a patent | Making, using, exercising, offering to dispose of, disposing of or import the patented invention on a non-commercial scale and solely for the purposes reasonably related to the obtaining, development and submission of information required under any law that regulates the manufacture, production, distribution, use or sale of any product. The exception is not limited to pharmaceutical products; it applies to any invention (in any field of technology) in respect of which any law requires the submission of information for the manufacture, distribution or sale of a product. | Patents Act No. 57 of 1978, section 69A |
Patents/Utility models | |||
Industrial Designs | The following shall not be an act of infringement of the rights of the registered proprietor of a registered design in the form of an integrated circuit topography | Making an article embodying the registered design or a design not substantially different from the registered design, for private purposes or for the sole purpose of evaluation, analysis, research or teaching. | Designs Act No. 195 of 1993, section 20(3) |
Topographies of Semiconductor Products | |||
Trade Marks | Use by a person of any of the following shall not infringe rights to trademark | His own name, the name of his place of business, the name of any of his predecessors in business, or the name of any such predecessors place of business; Any bona fide description or indication of the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of his goods or services, or the mode or time of production of the goods or the rendering of the services; Any bona fide use of the trade mark in relation to goods or services where it is reasonable to indicate the intended purpose of such goods, including spare parts and accessories and such services. | Trade Mark Act No. 194 of 1993, section 9 |
Copyright | The following uses of works shall not infringe copyright | Fair dealing for the purposes of research or private study, or the personal or private use; for the purposes of criticism or review of that work or of another work; for the purpose of reporting current events in a newspaper, magazine or similar periodical; or by means of broadcasting or in a cinematograph film; Judicial proceedings or a report of judicial proceedings; Quotation; Use of work as illustration in any publication, broadcast or sound or visual record for teaching; Reproduction of an article published in a newspaper or periodical, or in a broadcast, on any current economic, political or religious topic. | Copyright Act No. 98 of 1978, section 12 |
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