LML4801 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
18 September 2025
[Document subtitle]
[School]
[Course title]
,LML4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025
Course
Patent and Copyright Law (LML4801)
Institution
University Of South Africa (Unisa)
Book
South African Patent Law and Practice
LML4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025;
100% TRUSTED Complete, trusted solutions and explanations
You will note that the Assignment 2 question relates to the LML4801 specific outcomes (as they
relate to patent law) – 1. Identify and investigate the role of patents in current South African law
and everyday life.
1. Role of Patents in South African Law
➤ Legal Framework
Patents in South Africa are governed by:
Patents Act 57 of 1978
Administered by the Companies and Intellectual Property Commission (CIPC)
➤ Definition of a Patent
A patent is a legal right granted for a new invention that is:
Novel
Inventive
Capable of industrial application
It gives the inventor exclusive rights to make, use, or sell the invention in South Africa for up to
20 years.
➤ Patent Rights
Patent holders can:
Prevent others from using their invention without permission
, License or sell their patents
Enforce their rights through litigation
➤ Patentability Exclusions
Certain things cannot be patented, including:
Scientific theories
Mathematical methods
Aesthetic creations
Schemes, rules or methods for doing business
2. Role of Patents in Everyday Life in South Africa
➤ Health and Pharmaceuticals
Patents impact access to medicine, particularly HIV/AIDS, tuberculosis, and cancer
drugs.
High drug prices are often linked to patent monopolies.
Civil society organizations (e.g., Treatment Action Campaign, MSF) have campaigned for
patent reform to allow more generic medicines.
➤ Technology and Innovation
Encourages research and development (R&D) in sectors like:
o Renewable energy
o Mining technology
o Agriculture
o Fintech (e.g., mobile banking systems)
➤ Small Businesses and Startups
Helps entrepreneurs protect inventions and attract investors.
However, many small businesses face barriers such as:
o High patenting costs
o Lack of awareness of intellectual property (IP)
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
18 September 2025
[Document subtitle]
[School]
[Course title]
,LML4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025
Course
Patent and Copyright Law (LML4801)
Institution
University Of South Africa (Unisa)
Book
South African Patent Law and Practice
LML4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025;
100% TRUSTED Complete, trusted solutions and explanations
You will note that the Assignment 2 question relates to the LML4801 specific outcomes (as they
relate to patent law) – 1. Identify and investigate the role of patents in current South African law
and everyday life.
1. Role of Patents in South African Law
➤ Legal Framework
Patents in South Africa are governed by:
Patents Act 57 of 1978
Administered by the Companies and Intellectual Property Commission (CIPC)
➤ Definition of a Patent
A patent is a legal right granted for a new invention that is:
Novel
Inventive
Capable of industrial application
It gives the inventor exclusive rights to make, use, or sell the invention in South Africa for up to
20 years.
➤ Patent Rights
Patent holders can:
Prevent others from using their invention without permission
, License or sell their patents
Enforce their rights through litigation
➤ Patentability Exclusions
Certain things cannot be patented, including:
Scientific theories
Mathematical methods
Aesthetic creations
Schemes, rules or methods for doing business
2. Role of Patents in Everyday Life in South Africa
➤ Health and Pharmaceuticals
Patents impact access to medicine, particularly HIV/AIDS, tuberculosis, and cancer
drugs.
High drug prices are often linked to patent monopolies.
Civil society organizations (e.g., Treatment Action Campaign, MSF) have campaigned for
patent reform to allow more generic medicines.
➤ Technology and Innovation
Encourages research and development (R&D) in sectors like:
o Renewable energy
o Mining technology
o Agriculture
o Fintech (e.g., mobile banking systems)
➤ Small Businesses and Startups
Helps entrepreneurs protect inventions and attract investors.
However, many small businesses face barriers such as:
o High patenting costs
o Lack of awareness of intellectual property (IP)
