Deprivation of trade marks through state interference in their usage
Inaugural lecture delivered on 21 May 2013
Owen Dean holds the degrees BA (Law), LLB and LLD from Stellenbosch University, obtained in, respectively, 1964, 1966 and 1989. He is admitted to practice as an attorney in South Africa, Namibia and Botswana. Dean is a previous Chairman, presently a consultant, of Spoor and Fisher, leading intellectual property attorneys. His personal fields of specialisation include trade mark and copyright law, with a special emphasis on litigation and opinion work. He served on the Government’s Advisory Committee on Intellectual Property Law for 20 years and as Chairman of the Copyright Subcommittee of that committee. He is also a former President of the South African Institute of Intellectual Property Law. He conceived and chaired the Drafting Committee of the Counterfeit Goods Act and also conceived and drafted section 15A of the Merchandise Marks Act (ambush marketing). Dean is the author of the Handbook of South African Copyright Law; the author of the chapter on “South Africa” in International Privacy, Publicity and Personality Laws, edited by Michael Henry; the author of the chapter on “South Africa” in Copyright: World Law and Practice, edited by Morag McDonald, Uma Suthersanen and Cristina Garrigues; and co-author of the title “Copyright” in Butterworths Forms and Precedents. Dean has served as a member of the international editorial boards of Copyright World and Entertainment Law Review. He has published articles in, inter alia, the following journals: Trademark World, Copyright World, Managing Intellectual Property, European Intellectual Property Review (EIPR), Entertainment Law Review, Canadian Intellectual Property Review, De Rebus, Tydskrif vir Hedendaagse Romeins-Hollandse Reg/Journal of Contemporary Roman- Dutch Law, South African Law Journal, Businessman’s Law, Stellenbosch Law Review, SA Mercantile Law Journal, Juta’s Business Law, Responsa Meridiana and Encyclopaedia of Brands and Branding. Dean is a frequent speaker on intellectual property matters at seminars and conferences, including international meetings organised by the International Trademarks Association (INTA), the Institute of Trademark Agencies (ITMA) the World Intellectual Property Organisation (WIPO) and the International Association of Entertainment Lawyers (IAEL). He has lectured on intellectual property law at the University of the Witwatersrand, the University of Cape Town, Rhodes University, Stellenbosch University and the Rand Afrikaans University (now University of Johannesburg). Dean has been appointed to the Panel of Adjudicators for South African Domain Name Disputes, the World Intellectual Property Organization Panel of Arbitrators for Domain Name Disputes, the Stellenbosch University Business School Panel of Mediators and the Intellectual Property Panel of the Arbitration Federation of South Africa (AFSA). He was listed as a Senior Statesman of Intellectual Property and a Key Individual of Spoor and Fisher by Chambers and Partners in 2012 and 2013 in the Global- Wide and Pan-Regional sections of the Chambers Global rankings. With effect from 2011, he was appointed as a professor at the Faculty of Law at Stellenbosch University, where he is the incumbent of the Anton Mostert Chair of Intellectual Property Law.