Post on 19-Jun-2020
Nishan Singh (Partner) & Kareema Shaik (Senior Associate)
IP IMPLICATIONS IN CYBERSPACESocial Media, Internet Memes, Domain Names & Keyword Advertising
The “marketplace” has changed
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e-Commerce is replacing brick and mortar businesses. The world is now populated by virtual store-fronts
Retail e-Commerce sales worldwide from 2014 to 2021 (in billion U.S. dollars)
IP proprietors face new challenges
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unauthorised use across millions of websites in multiple languages
global infringement can now occur on social media networks within seconds
enforcement of rights is costly and difficult in the online environment
SOCIAL MEDIA
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Businesses cannot afford to ignore social media
Over 2 billion Facebook users
Over 500 million tweets posted daily
Over 5 billion videos watched on YouTube daily
Business has become an interactive experience
The official Facebook profile for Coca-Cola hasover 105 million likes, BUT who are these people:
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The official Twitter account for STARBUCKS hasover 11 million followers, BUT who are thesepeople and how many followers do they have?
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Internet Memes ain’t nobody got time for dat!
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COPYRIGHT
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Nature of Copyright in Artistic Works
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Reproducing the work in any manner or form
Publishing the work if it was hitherto unpublished
including the work in a cinematograph film or a television broadcast
making an adaptation of the work
FAIR DEALING
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Research private study personal or private use
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TRADE MARKS
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Personality Rights
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Keyword Advertising
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PAID RESULTS
ORGANIC RESULTS
PAID RESULTS
IS IT INFRINGEMENT?
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Fair competition vs trade mark rights
Use as a “trade mark”?
The reasonably well-informed and observant internet user
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Domain Names:Drop-catching in the .co.za domain space
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THANK YOU