Deprivation of trade marks through state interference in their usage
Date
2013-05
Authors
Dean, Owen H.
Journal Title
Journal ISSN
Volume Title
Publisher
Stellenbosch : Stellenbosch University
Abstract
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.
Description
Inaugural lecture delivered on 21 May 2013
Keywords
Trade mark infringement -- South Africa, Intellectual property infringement, Intellectual property -- Government policy -- South Africa, Device marks, Tobacco industry -- South Africa