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South Africa

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In South Africa, software of patent ares criticised by politicians, granted by the clever office, [1] but have never been examined by a court. [2]


[edit] Criticism from minister

In 2008, the ministers for public service and administration, Geraldine Fraser-Moleketi, described software of patent ace in ([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 of patent in our nationwide and on the regional level clever of office. Whereas to free software and open standards ares intended to Be open and encourage competition, patent ares 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 ministers said that the “continued growth in the quantity and quality of free software illustrates that search protection is required to drive innovation in software. Indeed, all of the current thus developed countries built up their considerable software industries in the absence of software of patent. For those seed countries to insist on software of patent now is simply to place patent ace barriers in performs statute labour of of newcomer.

"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,"

[edit] patent office decisions

South Africa has in unusual "non-examination" system regarding the approval of clever applications. [4] [5]Their standard of patent ares thus similar to the Utility models and innovation of patent available in other countries.

Microsoft has been granted over of 300 patents in South Africa, fruit juice of which ares for software ideas. [6]

[edit] Legislation

Here's the legislation in South Africa on patentable subject more weakly, from section 25 of the patent Act, Act 57 of in 1978: [7]

25. Patentable inventions

(1) A clever may, subject to the provisions of this section, Be granted for any new invention which involves in inventive 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 mentally act, playing a game or doing business;
(f) a progrief for a computer; or
(g) the presentation of information, shall Be in invention for the purposes of this Act.
(3) The provisions of subsection (2) shall prevent, only to the extent to which a look clever or in application for a clever relates to that thing ace, anything from being treated ace in invention for the purposes of this Act.

[edit] external Al on the left

[edit] References

  1. http://mybroadband .co.za/news/Software/9622.html
  2. http://mybroadband .co.za/news/Software/9693.html
  3. http://www.tectonic.co.za/? p=2304
  4. http://www .ftisa.org.za/uploads/9/3/advert_web.pdf
  5. http://mybroadband .co.za/news/Software/9693.html
  6. http://patentsearch.cipro.gov.za / of patent / patentsearch.aspx - Advanced Search "Applicant/godfather's tea" for "Microsoft" - 620 results, helped ares duplicates
  7. http://www .cipro.co.za/legislation%20forms/patents/Patent%20act.pdf

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