Publications - Unisa

Chapters in Books 

1. Information and Communications Technology Law contributed "Domain Names 

and Infringement of Trade Marks on the Internet" in (ed. Prof DP van der Merwe) 

(2008) (LexisNexis: Durban) pages 201-p237 

2. Information and Communications Technology Law contributed "Copyright Law and 

IT" in (ed. Prof DP van der Merwe) (2008) (LexisNexis: Durban) pages 239-p.311 

3. International Computer Law: A Practical Guide to Information Technology Law (ed. 

Prof Ernst-Jan Louwers) (Matthew Bender & Company: New York) (release 23 

(2008)) Software Protection in Africa: "Angola"; "Botswana"; "Namibia"; "South 

Africa" pages 7.4-7.7; 7.36-7.38.2; 7.181-7.187; 7.221-7.226.1; 

4. International Computer Law: A Practical Guide to Information Technology Law (ed. 

Prof Ernst-Jan Louwers) (Matthew Bender & Company: New York) (release 23 

(2008)) Database Protection in Africa: "Angola"; "Botswana"; "Namibia"; "South 

Africa" pages 13.3-13.6; 13.14.7-13.14.11; 13.55-13.59; 13.64.2-13.64.9; 

5. Languages et Droit D'Auteur / Languages and Copyright contributed "Bilingualism: 

The Impact of Language on the Development of South African Copyright Law" 

(eds. Ysolde Gendreau & Abraham Drassinower eds.) (Bruylant & Carswell) (2009) 

6. Law of Intellectual Property in South Africa (ed. Andries van der Merwe) (2011) 

(LexisNexis: Durban) contributed “Part 3 Copyright Law” pages 143-225 

7. Law of Intellectual Property in South Africa (ed. Andries van der Merwe) (2011) 

(LexisNexis: Durban) co-authored “Part 4 The law of registered designs” pages 

229-264 

8. Balancing Copyright – A Survey of National Approaches MPI Studies on 

Intellectual Property and Competition Law (Hilty/Nerisson eds.) Springer-Verlag 

GmbH Berlin Heidelberg contributed “South Africa” (2012)

Peer-reviewed conference proceedings: 

9. "The IP Protection of Electronic Databases: Copyright or Copywrong?" 

Proceedings of the ISSA 2008 Innovative Minds Conference Edited by Jan Eloff 

(Department of Computer Science, University of Pretoria) (Peer-reviewed 

conference proceedings) (eds.Les Labuschagne (Department of Business 

Information Technology, University of Johannesburg) Mariki Eloff (School of 

Computing, University of South Africa) Hein Venter (Department of Computer 

Science, University of Pretoria), p63-80 

10. ‘.za Alternative Dispute Resolution Regulations: The First Few SAIIPL Decisions’, 

2008(2) Journal of Information, Law & Technology (JILT), 

(Conference proceedings) 

11. ‘The Legal Effect of Input Errors in Automated Transactions: The South African 

Matrix’, 2008(2) Journal of Information, Law & Technology (JILT), 

(Conference proceedings) 

12. “The Functional Equivalent Implementation of the WCT" peer-reviewed 

proceedings Legal, Privacy and Security Issues in IT (Part II) of the conference 

First International Conference on Legal, Privacy and Security Issues in IT held in 

Hamburg, Germany April 30-May 2, 2006

Peer-reviewed research ARTICLES in SAPSE accredited journals: 

13. “Cyberbusters versus Cybersquatters: Round II in the ZADNA Ring” (2009) 21 SA 

Mercantile Law Journal 836–854 

14. “Monitoring, Interception & Big Boss in the Workplace: Is the Devil in the Details?" 

Potchefstroom Electronic Law Journal 2009 (1) 1-26 

15. "The Impact of Intellectual Property Law on Sustainable Development" 32 (2007) 

South African Yearbook of International Law 375-394 

16. "Copyright in the Information Age: the catch-22 of digital technology" (2006) 2 

Critical Arts 47-61 

17. "Developing countries and copyright in the information age – the functional 

equivalent implementation of the WCT" (2006) 2 Potchefstroom Electronic Law 

Journal 1-21 

18. "Aesthetics and economics? An overview of the copyright protection of utilitarian 

works in South Africa" (2006) 2 Speculum Juris 141-159 

19. "From snail mail to e-mail – a South African perspective on the web of conflicting 

rules on the time of e-contracting" (2006) 39 Comparative and International Law 

Journal of Southern Africa 178–213 

20. "Click-wrap and web-wrap agreements" (2004) 16 South African Mercantile Law 

Journal 568–576 

21. "Trade mark tarnishment: should we Laugh It Off all the way to ‘Telkomsucks’ and 

‘Hellcom’?" (2004) 16 South African Mercantile Law Journal 727–740 

22. "’Nobody knows you’re a dog’ – the attribution of data messages" (2002) 14 South 

African Mercantile Law Journal 737–747 

23. "Contract formation: a comparative perspective on the Model Law on Electronic 

Commerce" (2002) 24 Comparative and International Law Journal of South Africa 

129–156 

24. "Digital licensing of intellectual property" (2001) 13 South African Mercantile Law 

Journal 562–580 (co-author Brian Rutherford) 

25. "The protection of electronic databases" (2000) 12 South African Mercantile Law 

Journal 184–198 

26. "Formation of Internet contracts: an analysis of the contractual and security issues" 

(1999) 11 South African Mercantile Law Journal 282–299 

27. "The SABC, Madam & Eve, Mother Anderson and the Mealie Woman" (1997) 9 

South African Mercantile Law Journal 399–403 

28. "Teaching Intellectual Property Law in English-speaking Africa: current status and 

future prospects and trends" (1997) 30 De Jure 227–238 (co-author Coenraad 

Visser) 

29. ‘Protection of industrial designs in the European Union – part I: the copyright 

enigma" (1997) 30 De Jure 283–300 

30. "The Designs Act of 1993: aesthetic and functional designs, spare parts, and 

integrated circuits" (1995) 112 South African Law Journal 326–342 (co-author 

Coenraad Visser) 

31. "New technologies and old copyrights: the protection of video games as 

cinematograph films" (1995) 7 South African Mercantile Law Journal 112–120 

32. "The sui generis protection of semiconductor chips (part II) (1995) 28 De Jure 113– 

141

33. "The sui generis protection of semiconductor chips (part I) (1994) 27 De Jure 271– 

293 

34. "The enforceability of shrink-wrap agreements in South Africa" (1993) 5 South 

African Mercantile Law Journal 1–19 

35. "Confidential information and the danger of confusing classifications" (1993) 5 

South African Mercantile Law Journal 330–345 (co-author Coenraad Visser) 

36. "Die outeursregbeskerming van funksionele artistieke werke – die problematiek van 

funksionaliteit versus estetika" ("The copyright protection of functional artistic works 

– the problem of functionality versus aesthetics") (1993) 5 South African Mercantile 

Law Journal 190–206 

37. "The Copyright Amendment Act 125 of 1992 and computer programs: a preliminary 

overview" (1992) 4 South African Mercantile Law Journal 346–359 (co-author 


38. "The copyright protection of computer programs in the United States of America – 

the second generation questions (part 2)" (1992) 25 De Jure 166–182 

39. "The trendy sofa – a useful object or a work of art?" (1992) 4 South African 

Mercantile Law Journal 91–97 

40. "Service marks for retail and wholesale services: registration judicially denied but 

legislatively sanctioned" (1991) 108 South African Law Journal 606–613 (co-author 


41. "Intention or origin? The requirements for the correction of a clerical error in a 

patent specification in limbo?" (1991) 3 South African Mercantile Law Journal 266– 

269 

42. "The copyright protection of computer programs in the United States of America: 

The first generation questions (part 1)" (1991) 24 De Jure 232–244 

43. "The rights of the user of a computer program and the legality of ‘shrink-wrap’ 

licences" (1991) 3 South African Mercantile Law Journal 57–72 

44. "The enforceability of article 22 of the Warsaw Convention – an anachronistic 

system?" (1986–1987) 12 South African Yearbook of International Law 50–72

Publications in Professional Journals 

45. “In the Courts - The Trademarked City within a City” WIPO Magazine (3) 2010 

46. “Shrink-wrap and Click-wrap Agreements: Can they be Enforced?” 7 (1999) Juta’s 

Business Law 79-86 

47. “Economic Espionage” (1998) 6 Juta's Business Law (1998) 

48. “Copyright Infringement in Cyberspace” 6 (1998) Juta's Business Law 134-137 

49. “Confidential Information and the Rights of Employees” (1993) 1 Juta's Business 

Law 133-134 

50. “The Copyright Protection of Computer Programs Literary works Shunned by the 

Proposed Bill” (1991) De Rebus 833836

International Conference Papers 

51. “Electronic Commerce and electronic Transactions -Best practices in drafting cyber 

legislation: Concepts and techniques” paper delivered on 28 Feb 2012Workshop 

on the SADC Harmonised Legal Cyber Security Framework for Southern Africa 

HIPSSA ITU/EU Project held from 27 February to 2 March 2012 Gaborone, 

Botswana 

52. Electronic Transactions and E-Commerce: Presentation of the Model Law” paper 

delivered on 1 March 2012 Workshop on the SADC Harmonised Legal Cyber 

Security Framework for Southern Africa HIPSSA ITU/EU Project held from 27 

February to 2 March 2012 Gaborone, Botswana 

53. Principles of Collective licensing of copyright works paper presented on 8 

December 2011 at the WIPO-South Africa Summer School on Intellectual Property 

organized by the World Intellectual Property Organization (WIPO) in cooperation 

with the Department of Science and Technology of the Government of the Republic 

of South Africa (DST) Cape Town, South Africa, November 28 to December 9, 

2011 WIPO/ACA/CPT/11/INF.1 

54. Branding and the management of trademarks paper presented on 30 th of 

November 2011 at the WIPO-South Africa Summer School on Intellectual Property 

organized by the World Intellectual Property Organization (WIPO) in cooperation 

with the Department of Science and Technology of the Government of the Republic 

of South Africa (DST) Cape Town, South Africa, November 28 to December 9, 

2011 WIPO/ACA/CPT/11/INF.1 

55. “Internet Domain Names and Alternative Dispute Resolutions (+Illustration of 

Cases)” paper presented on 30 th November 2011 at WIPO-South Africa Summer 

School on Intellectual Property organized by the World Intellectual Property 

Organization (WIPO) in cooperation with the Department of Science and 

Technology of the Government of the Republic of South Africa (DST) Cape Town, 

South Africa, November 28 to December 9, 2011 WIPO/ACA/CPT/11/INF.1 

56. “IP and Information and Communication Technologies (ICT) in the Discussions of 

the Committee on Development and Intellectual Property” at the International 

Roundtable on WIPO Development Agenda for Academics by the World 

Intellectual Property Organization (WIPO) Worldwide Academy held in Singapore, 

November 23 and 24, 2011. 

57. “Media Neutrality applied to Digital Copyright Law” paper presented at the Third 

Annual Conference on Innovation and Communications Law at Melbourne 

Business School, Melbourne, Australia 27 May 2011-29 May 2011 

58. “Three-dimensional Marks” paper presented on 9 December 2010 at the WIPO- 

South Africa Summer School on Intellectual Property by the World Intellectual 

Property Organization (WIPO) in cooperation with the Department of Science and 

Technology of the Government of the Republic of South Africa (DST) Cape Town, 

November 29 to December 10, 2010 WIPO/ACA/CPT/INF.1 

59. Protection of Trade Secrets and Emerging Issues paper presented on 8 December 

2010 at the WIPO-South Africa Summer School on Intellectual Property by the 

World Intellectual Property Organization (WIPO) in cooperation with the 

Department of Science and Technology of the Government of the Republic of 

South Africa (DST) Cape Town, November 29 to December 10, 2010 

WIPO/ACA/CPT/INF.1

60. “The Universal Principles Applicable to the Regulation of Electronic Commerce: 

The UNCITRAL Convention and other Instruments – Lessons For Namibia In The 

Drafting Of The U/ETC” paper presented at Draft Use of Electronic Transactions 

and Communications Bill for Namibia held by the Office of the Prime Minister and 

the Ministry of Information & Communications Technologies held in Windhoek, 

Namibia 27-28 September 2010 

61. “The Legal Significance of Data Messages (E-Writing) and e-Contracting 

Provisions In The Namibia Draft U/ETC Bill” paper presented at Draft Use of 

Electronic Transactions and Communications Bill for Namibia held by the Office of 

the Prime Minister and the Ministry of Information & Communications Technologies 

held in Windhoek, Namibia 27-28 September 2010 

62. “The U/ETC Draft Bill Provisions on Automated Transactions: Consumers and 

Service Providers’ Liability & Obligations” paper presented at Draft Use of 

Electronic Transactions and Communications Bill for Namibia held by the Office of 

the Prime Minister and the Ministry of Information & Communications Technologies 

held in Windhoek, Namibia 27-28 September 2010 

63. An Overview of Recent Case Law in South Africa in The area of Cyber-Law paper 

presented at Draft Use of Electronic Transactions and Communications Bill for 

Namibia held by the Office of the Prime Minister and the Ministry of Information & 

Communications Technologies held in Windhoek, Namibia 27-28 September 2010 

64. “Internet Domain Names and Alternative Dispute Resolutions (+Illustration of 

Cases)” paper delivered on the 9 th of December 2009 at the WIPO-South Africa 

Summer School On Intellectual Property held in Cape Town, November 30 to 

December 11, 2009 

65. “Issues relating to the Use of Marks on the Internet” paper delivered on the 10 th of 

December 2009 at the WIPO-South Africa Summer School On Intellectual Property 

held in Cape Town, November 30 to December 11, 2009 

66. "Super-rights in the making? FIFA's Golden Hat Trick" ATRIP Congress 2009: 

Horizontal Issues in IP Law - Uncovering The Matrix, Vilnius, Lithuania 13-16-10- 

2009 (invited paper) 

67. “South African Copyright Law and Language” paper delivered on 20 February 2009 

at the Copyright Law and Language Conference, Montreal, Canada, 20 February 

2009 (Invited paper) 

68. "Role Of Geographical Indications And Certification Marks In Promoting Trade And 

Commerce" Paper Delivered On The 17 th Of June 2008 At The Workshop For 

Heads Of Intellectual Property Offices Organized By The State Intellectual Property 

Office Of China (SIPO), The African Regional Intellectual Property Organization 

(ARIPO) And The World Intellectual Property Organization (WIPO) Beijing, June 16 

To 20, 2008 (Invited paper) 

69. "Imperatives For An Intellectual Property Policy For Universities And R&D 

Institutions To Facilitate Licensing And Transfer Of Technology" Paper Delivered 

On The 19 th Of June 2008 At Workshop For Heads Of Intellectual Property Offices 

Organized By The State Intellectual Property Office Of China (SIPO), The African 

Regional Intellectual Property Organization (ARIPO) And The World Intellectual 

Property Organization (WIPO) Beijing, June 16 To 20, 2008 (Invited paper) 

70. "The impact of intellectual property law on sustainable development", paper 

delivered at the International Law Association’s 2007 regional conference on Good

Governance And Non-State Actors In International Law: An African Perspective, 

University of South Africa, Pretoria, South Africa, 27–29 August 2007 

71. "Development of electronic communication and transaction law, intellectual 

property rights and privacy in Namibia, SADC and internationally", paper delivered 

at the Conference on Information and Communication Technologies for Poverty 

Reduction and Sustainable Development, Windhoek, Namibia, 2–3 August 2007 

72. "Legal effect of input errors in automated transactions" and "Impact of digital 

copyright law on consumers", papers delivered at the Eleventh International 

Conference on Consumer Law of the International Association of Consumer Law, 

Cape Town, South Africa, 11–13 April 2007 

73. "Overview of project: developing countries and the functional equivalent 

implementation of the WCT", paper delivered at the Humboldt Foundation 

Introductory Meeting, Cologne, Germany, 12–14 October 2006 

74. "The functional equivalent implementation of the WCT", paper delivered at the First 

International Conference on Legal, Privacy and Security Issues in IT, Hamburg, 

Germany, 30 April–2 May 2006 

75. "Works of art and industrial designs in South Africa", paper delivered at the ATRIP 

conference on Intellectual Property: Bridging Aesthetics And Economics, at 

Montréal University, Montréal, Canada, 11–13 July 2005 

76. "Cyberlaw development and harmonisation within SADC", paper delivered at the 

SADC Law Conference and Annual General Meeting (conference theme: 

Challenges Facing the Legal Profession in the SADC Region), Windhoek, Namibia, 

16–19 June 2005 

77. "Report: due diligence review of Namibian laws for e-laws regime", delivered at the 

Seminar/Workshop for Development of e-Laws (Electronic or Cyberlaws) for 

Namibia, Office of the Prime Minister, Windhoek, Namibia, 23–24 May 2005 

78. "e-Commerce and issues related to intellectual property law – lessons for Namibia", 

delivered at the Seminar/Workshop for Development of e-Laws (Electronic or 

Cyberlaws) for Namibia, Office of the Prime Minister, Windhoek, Namibia, 23–24 

May 2005 

79. "Overcoming the legal barriers to electronic commerce: a Namibian approach", 



May 2005 

80. "Update on revision of chapter 4 (Legal Issues) of Namibia ICT policy", paper 



May 2005 

81. "SADC cyberlaw developments: the Namibian position" (co-presenter Gordon 

Elliot), paper delivered at seminar on Cyberlaw Development and Harmonisation 

within SADC, Centre for Specialization in Public Administration and Management, 

Department of Political and Administrative Studies, University of Botswana, 

Mbabane, Swaziland, 5–8 April 2005

82. "The web of conflicting theories on contract formation: SA ECT Act of 2002: in step 

or out of sync?", paper delivered at a conference on Internet and the Law: A Global 

Conversation, University of Ottawa, Ottawa, Canada, 1–2 October 2004 

83. "Copyright in the information age the catch-22 of digital technology", paper 

delivered at the international research seminar on the Political Economy of the 

Southern African Media / Intellectual Property Rights (IPR), Communication and 

the Public Domain, University of KwaZulu-Natal and the University of Oslo, under 

the auspices of the Southern African and South-South Working Group on Media, 

Culture and Communication, Durban, South Africa, 10–14 May 2004 

84. "Drafting of research and development contracts for IP exploitation", paper 

delivered at the National Seminar on Education and Training in Intellectual 

Property, the World Intellectual Property Organization in co-operation with the State 

Department of Intellectual Property and the National Technical University of the 

Ukraine, Kiev, Ukraine, 11–13 December 2002 

85. "The development of an intellectual property policy", paper delivered at the National 

Seminar on Education and Training in Intellectual Property, the World Intellectual 

Property Organization in co-operation with the State Department of Intellectual 

Property and the National Technical University of the Ukraine, Kiev, Ukraine, 11–13 

December 2002 

86. "New trends in the teaching of intellectual property law", paper delivered at the 

National Seminar on Education and Training in Intellectual Property, the World 

Intellectual Property Organization in co-operation with the State Department of 

Intellectual Property and the National Technical University of the Ukraine, Kiev, 

Ukraine, 11–13 December 2002 

87. "Drafting of research and development agreements" paper delivered at a IP Policy 

seminar organized by the World Intellectual Property Organization in co-operation 

with the Kenyan Intellectual Property Office (KIPO), Eldoret, Kenya, 16–22 July 

2002 

88. "Developments in electronic commerce", paper delivered at a IP Policy seminar 

organized by the World Intellectual Property Organization in co-operation with the 

Kenyan Intellectual Property Office (KIPO), Eldoret, Kenya, 16–22 July 2002 

89. "The teaching of intellectual property law at universities", paper delivered at a IP 

Policy seminar organized by the World Intellectual Property Organization in cooperation 

with the Kenyan Intellectual Property Office (KIPO), Eldoret, Kenya, 16– 

22 July 2002 

90. "Needs for establishing innovation and invention support structures or services in 

universities of developing countries: Role and function of an innovation centre in a 

developing economy" paper delivered at the Regional Seminar on the Benefits of 

the Intellectual Property System for Universities, University Researchers and 

Research and Development Organisations, World Intellectual Property 

Organization in co-operation with the Ministry of Science, Technology and Higher 

Education of the United Republic of Tanzania, Dar Es Salaam, Tanzania, 20–22 

June 2000 

91. "University-industry research and development contracts", paper delivered at the 

Regional Seminar on the Benefits of the Intellectual Property System for 

Universities, University Researchers and Research and Development

Organisations, World Intellectual Property Organization in co-operation with the 

Ministry of Science, Technology and Higher Education of the United Republic of 

Tanzania, Dar Es Salaam, Tanzania, 20–22 June 2000 

92. "Intellectual property education and the needs of business and industry in the 21st 

century: challenges and opportunities", paper delivered at the International 

Conference on Intellectual Property for Business, World Intellectual Property 

Organization in co-operation with the Government of Bulgaria and the University of 

National and World Economy, Sofia, Bulgaria, 29–31 May 2000 

93. "The use of modern information technologies for teaching and research in 

intellectual property law", paper delivered at the International Conference on 

Intellectual Property for Business, World Intellectual Property Organization in cooperation 

with the Government of Bulgaria and the University of National and 

World Economy, Sofia, Bulgaria, 29–31 May 2000 

94. "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS 

Agreement): layout-designs (topographies) of integrated circuits; protection of 

undisclosed information; control of anti-competitive practices in contractual 

licenses", paper delivered at the WIPO African Sub-Regional Symposium on the 

Implementation of the Agreement on Trade-Related Aspects of Intellectual 

Property Rights (TRIPS Agreement) by Least Developed Countries (LDC’s) by the 

Year 2000, World Intellectual Property Organization in co-operation with the African 

Regional Industrial Property Organization (ARIPO) and the Government of the 

Republic of The Gambia, Banjul, The Gambia, 12–14 April 1999 


Agreement): copyright and related rights", paper delivered at the WIPO African 

Sub-Regional Symposium on the Implementation of the Agreement on Trade- 

Related Aspects of Intellectual Property Rights (TRIPS Agreement) by Least 

Developed Countries (LDC’s) by the Year 2000, World Intellectual Property 

Organization in co-operation with the African Regional Industrial Property 

Organization (ARIPO) and the Government of the Republic of The Gambia, Banjul, 

The Gambia, 12–14 April 1999 


Agreement): layout-designs (topographies) of integrated circuits; protection of 

undisclosed information; control of anti-competitive practices in contractual 

licenses", paper delivered at the WIPO African Sub-regional Symposium on the 

Implementation of the Agreement on Trade-Related Aspects of Intellectual 

Property Rights (TRIPS Agreement) by the Year 2000, World Intellectual Property 

Organization in co-operation with the African Regional Industrial Property 

Organization (ARIPO) and the Government of the Republic of Zimbabwe, Victoria 

Falls, Zimbabwe, 29–31 March 1999 


Agreement): copyright and related rights", paper delivered at the WIPO African 

Sub-regional Symposium on the Implementation of the Agreement on Trade- 

Related Aspects of Intellectual Property Rights (TRIPS Agreement) by the Year 

2000, World Intellectual Property Organization in co-operation with the African 

Regional Industrial Property Organization (ARIPO) and the Government of the 

Republic of Zimbabwe, Victoria Falls, Zimbabwe, 29–31 March 1999

98. "Teaching of intellectual property law in African Universities: the South African 

experience", paper delivered at the conference on The Teaching of Intellectual 

Property Law in Africa, World Intellectual Property Organization, Cairo, Egypt, 5–6 

December 1996

National Conference Papers 

99. “Education and Capacity Development” paper delivered at the Accelerating IP and 

Innovation in South Africa Conference held in Cape Town on 18-21 September 

2011 

100. The FOSS Policy: The IP Connection” paper delivered at the SITA GovTech 

2011 on the 14 th of September 2011 

101. “The Challenge of Collective Licensing” paper delivered at the 8 th International 

Workshop on Commercial Law held at Sandton, Johannesburg on 3 rd of August 

2001 

102. “Intellectual Property Protection in Cyberspace in Africa” paper delivered at the 

Convention on Lex Informatica - (2011) held 22-26 July 2011 paper delivered on 

the 22 nd of July 2011 at the Convention on Lex Informatica - (2011) held 22-26 July 

2011 at the Burgerspark Hotel (invited paper) 

103. “An Overview of the Cybercrime and Laws of Various African Countries” 

paper delivered on 30 March 2011 at the Africa Cybercrime Security Conference 

held 30-31 March 2011 at Emperor’s Palace 

104. “The Good Thief: Children and Intellectual Property Law” paper presented at 

Information Security Awareness: Educating school children regarding cyber risks 

hosted on 24 November 2010 at the UNISA Muckleneuk campus in Pretoria 

105. “Cyberlaw Case Law” E-Diligence [Solutions] delivered 12 November at 

Chetty Law 11-12 November Johannesburg 

106. “The Ten Things I hate About the ECT Act or...the Ten Things that Should be 

Included in Project 126” paper delivered on the 22 nd of July 2010 at the Convention 

on Lex Informatica - (2010) held 22-26 July 2010 at the Innovation Hub (invited 

paper) 

107. "IP Implications of Outsourcing ICT" paper delivered on the 18th h of March 

2010 at the Outsourcing & ICT Contracts & Service Level Agreements held 18-20 

March 2010 in Pretoria (Invited paper) 

108. A Comparative Review of Trans-Border Domain Name Arbitration: How 

Alternative are the .za ADR Decisions? Paper delivered at the 1 st International 

Trans-border Commercial Law Workshop held on the 19 th -20 th of October 2009, 

Johannesburg, South Africa 

109. "Snail Mail, E-Mail and other forms of Mail: A South African Perspective on 

Slippery E-contracting Issues" Lecture presented at the E-commerce Workshop 

held on the 5 th of September 2009 at University of Pretoria, Pretoria 

110. "Legal Framework – National and International" Seminar Navigating Cyber Law 

at the Human Rights Commission, 6 August 2009 

111. "Synthesis of the Tools" Seminar Navigating Cyber Law at the Human Rights 

Commission, 6 August 2009 

112. "Web site compliance in terms of ECTA" Convention on Lex Informatica - The 

Law on Electronic Communications, Electronic Commerce and Information 

Technology (2009) Johannesburg, 22-24 July 2009

113. "Traditional knowledge and copyright protection" paper presented at the 

Conference on Traditional Knowledge in Legal Context, North-West University, 

Potchefstroom, 17-18 March 2009 (Invited paper) 

114. "Intellectual Property Implications of Outsourcing ICT" paper delivered on the 

26 th of November 2008 at the Outsourcing & ICT Contracts: Procuring Technology 

partners in the Private Sector Conference held 26-27 November 2008 in Pretoria 

(Invited paper) 

115. "Criminal Copyright Infringement on the Internet" on the 10 th of November 

2008 at the Cyber Crime Africa Summit held 10-12 November 2008 in 

Johannesburg (Invited paper) 

116. "Implementation of ADR for .za" on the 30 th October at the South Africa’s 3rd 

Annual Cyberlaw Conference 28-30 October 2008 in Pretoria (Invited paper) 

117. "SA/International copyright laws on web-crawling and data mining on the 

Internet" on 24 October 2008 at the SABS TC 37 SC3 Workshop: Towards a Legal 

Framework for 2 HLT in SA held on 24 October 2008 Pretoria 

118. "The Role of IP in the South’s Development Agenda" paper presented on the 10 th 

of October 2008 at the Alexander von Humboldt Foundation Conference on 

Sustainable Development of Southern Africa held on the 8 th ot the 10 th of October 

2008 

119. "Reverse Domain name Hijacking in ,co.za" paper presented at a training 

workshops held by the CO.ZA domain name administrators, UniForum SA, in 

association with the SAIIPL, the .ZA Domain Name Authority in Cape Town on the 

19th of September 2008 

120. "The meaning and Purpose of Reverse Domain name Hijacking" paper 

presented at a training workshops held by the CO.ZA domain name administrators, 

UniForum SA, in association with the SAIIPL, the .ZA Domain Name Authority in 

Pretoria on the 16th of September 2008 

121. "The Phone Book Case: Reverse Domain name Hijacking" paper presented at a 

training workshops held by the CO.ZA domain name administrators, UniForum SA, 

in association with the SAIIPL, the .ZA Domain Name Authority in Pretoria on the 

15th of September 2008, 

122. "The IP Protection of Electronic Databases: Copyright or Copywrong?" on 11 

July 2008 at the 2008 ISSA Innovative Minds Conference 

123. "Meaningful Purpose of Reverse Domain Name Hijacking" paper presented 

on the 22nd of May 2008 at the Convention on Lex Informatica - The Law on 

Electronic Communications, Electronic Commerce and Information Technology 

(2008) Pretoria, 21-23 May 2008 (Invited paper) 

124. "Automated Transactions and Input Errors: Tata-Ma-Chance?" on the 21 st of 

May 2008 at the Convention on Lex Informatica - The Law on Electronic 

Communications, Electronic Commerce and Information Technology (2008) 

Pretoria, 21-23 May 2008 (Invited paper) 

125. "How alternative is the .za ADR?", paper delivered at the Second Annual 

Cyberlaw Conference, Pretoria, South Africa, 4–6 September 2007

126. "Digital copyright law: the impact on access to information", paper delivered at 

the South African Commercial Law in a Globalised Environment Workshop 2006, 

Centre for Business Law, University of South Africa, Sandton, South Africa, 22 

August 2006 

127. "Copyright control", paper delivered at the First Cyberlaw Conference, 

Johannesburg, South Africa, 21 July 2006 

128. "Consumers’ right to complain: cyber griping and trade-mark infringement", paper 

delivered at the Consumer Protection in Commercial Law Workshop 2005, Centre 

for Business Law, University of South Africa, Sandton, South Africa, 25 August 

2005 

129. "Cyber griping: freedom of expression or abusive domain name registration?", 

paper delivered at the ISSA 2005 Conference, Johannesburg, South Africa, 30 

June 2005 

130. "Cyberloafing@work: the monitoring of employees", paper delivered at the Sixth 

Annual Conference on World Wide Web Applications, Rand Afrikaans University 

and the Technikon Witwatersrand, Johannesburg, South Africa, 1–3 September 

2004 

131. "e-Mail monitoring and the ECT Act", paper delivered at the Fourth Annual ISSA 

2004 IT Security Conference, Johannesburg, South Africa, 30 June–2 July 2004 

132. "Die beskerming van e-verbruikers: regsimplikasies vir e-handelaars" ("The 

protection of e-consumers: legal implications for e-traders"), paper presented at the 

AHI Legal Committee Meeting, Pretoria, South Africa, 26 October 2003 

133. "Thumbnail images, fair use & copyright owners" and On-line consumer 

protection – vapourware?", papers delivered at the e-Commerce & Current 

Commercial Law Workshop 2003, Centre for Business Law, University of South 

Africa, Sandton, Johannesburg, 28 August 2003 

134. "Intellectual property and electronic commerce" (co-author Coenraad Visser), 

paper delivered at the ABLU 2003 Annual Banking Law Update 2003, Rand 

Afrikaans University, Witkoppen, Johannesburg, South Africa, April 2003 

135. "Information security and the law", paper delivered at the Third Annual ISASSA 

2003 IT Security Conference, Sandton, South Africa, July 2003 

136. "Nuwe regsontwikkelinge in e-handel" ("New legal developments in ecommerce"), 

paper delivered at the AHI Legal Committee Meeting, Pretoria, South 

Africa, 1 August 2002 

137. "Intellectual property rights of designers", paper delivered at a training workshop 

Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Pretoria 

Technical College, Pretoria, South Africa. 22 March 2002 


Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Cape Town 

Technical College, Cape Town, South Africa. 20 March 2002 


Riches of Africa 2002 Jewellery Design Competition, Anglo Gold, Durban Technical 

College, Durban, South Africa. 18 March 2002

140. "Digital security", paper delivered at the Current Commercial Law Workshop 

2001, Centre for Business Law, University of South Africa, Midrand, South Africa, 

12 March 2001 

141. "Copyright infringement in cyberspace", paper delivered at the CyberLaw 2 Avoid 

Costly Litigation in Cyberspace Conference, Rosebank, Johannesburg, South 

Africa, 23–24 August 2000 

142. "Intellectual property law perspectives on e-commerce", contribution to the 

session on "Culture and content" at the ICT 2000 Innovation, Delivery and 

Development Conference, Rosebank, Johannesburg, South Africa, 25–27 July 

2000 

143. "Intellectual property and cyber law" (co-author Coenraad Visser), paper 

delivered at the Annual Banking Law Update Conference 2000, Rand Afrikaans 

University, Witkoppen, Johannesburg, South Africa, 12 April 2000 

144. "The protection of electronic databases", paper delivered at the Current 

Commercial Law Workshop 2000, Centre for Business Law, University of South 

Africa in Midrand, Johannesburg, 16 March 2000 

145. The enforceability of shrink-wrap and click-wrap agreements and the rights, 

duties and obligations arising there from", paper delivered at a conference entitled 

Year 2000 Disaster or Delight? and What is the Supplier’s Liability?, Sunnyside, 

Pretoria, South Africa, 21 April 1999 

146. "Formation of Internet contracts: an analysis of the contractual and security 

issues", paper delivered at the Current Commercial Law Workshop, Centre for 

Business Law, University of South Africa, Midrand, South Africa, 11 March 1999 

147. "The licensing of study material and the licensing and commercialization of the 

university’s trade-mark rights", paper delivered at a conference on Commercializing 

Intellectual Property at Academic Institutions, Midrand, South Africa, 16 November 

1998 

148. "Copyright infringement in cyberspace", paper delivered at a conference entitled 

e-Commerce & YK2 Midrand, South Africa, 20 October 1998 

149. "Functional designs and the South African semiconductor chip industry", paper 

delivered at the Congress of the Association of University Law Teachers, University 

of the Western Cape, Cape Town, South Africa, 23 January 1996 

150. "Die outerusregbeskerming van funksionele artistieke werke: die problematiek 

van funksionaliteit versus estetika" ("The copyright protection of functional artistic 

works: the problem of functionality versus aesthetics"), paper delivered at the 

Congress of the Association of University Law Teachers, Stellenbosch University, 

Stellenbosch, South Africa, 20 January 1993 

151. "The enforceability of shrink-wrap agreements in South Africa", paper delivered 

at the LES (Licensing and Executive Society) South African Software Conference, 

Karos Lodge, Eastern Transvaal, South Africa, 21–24 July 1992

International Workshops Presented: 

152. Presented and led a five-day Workshop for Development of a Framework/Model 

for Open Licensing of Materials Between Southern African ODL Institutions, 

University of South Africa, Pretoria, South Africa, 27 February–3 March 2006 

“Developing of content of identified components” paper delivered on the 28 th of 

February 2006 at the Workshop for development of a Framework/Model for Open 

Licensing of Materials between Southern African ODL Institutions held on the 27 th 

of February to the 3rd of March 2006 at the University of South Africa 

153. Seminar/Workshop for Development of E-Laws (Electronic or Cyberlaws) for 

Namibia, Office of the Prime Minister, Windhoek, Namibia, 23–24 May 2005 on the 

23 rd of May 2005 at the Seminar/Workshop for Development of E-Laws (Electronic 

or Cyberlaws) for Namibia held by the Office of the Prime Minister, Namibia, at the 

Nampower Convention Centre, Windhoek, 23-24 May 2005: 

a. “Overcoming the Legal Barriers to Electronic Commerce: A Namibian 

Approach” paper delivered on the 23 rd of May 2005 

b. “E-commerce and Issues Related to intellectual property law – lessons 

for Namibia” paper delivered on the 23 rd of May 2005 

c. “Workshop II: Legal Aspects of Electronic commerce” (Panel Leader: 

Prof Tana Pistorius (Unisa)) workshop held on the 23 rd of May 2005 

d. “Workshop VI: Intellectual Property Law Aspects of the Internet” (Panel 

Leader: Prof Tana Pistorius (Unisa)) workshop held on the 23 rd of May 

2005 

e. “Report Due Diligence Review of Namibian Laws for E-Laws Regime” 

paper delivered on the 24th of May 2005

National Workshops Presented: 

154. Co-presented a one-day Workshop on Global Villages and IP on the 

Internet Johannesburg, South Africa, 12 September 2001 on "The protection of 

electronic databases", "Digital licensing", "Digital security", and "Limitation of 

liability for copyright infringement", and "Copyright infringement and the Internet" 

(co-presenter Prof CJ Visser) 

155. Presented and led a one-day workshop on Intellectual Property Policy 

Development, Johannesburg, South Africa, 1 March 2005 

156. Presented and led a two-day workshop Training Workshop for Magistrates on e- 

Communications, Forensics and Organized Crime, Nelspruit, South Africa, 12-13 

November 2007 "Computer terms expanded", "Overview of the ECT Act", "Legal 

recognition of data messages and contract formation", "e-Consumers and spam", 

"Signatures in electronic commerce", "Electronic records and evidentiary value", 

and "Illustration: Office of the Inspector-General of Intelligence"; 


Communications, Forensics and Organized Crime, Cape Town, South Africa, 27– 

30 August 2007 "Computer terms expanded", "Overview of the ECT Act", "Legal 




158. Presented and led a two-day workshop at the Advanced Training Workshop for 

Magistrates on Contract Law, Pretoria, South Africa, 23–24 July 2007 "Computer 

terms expanded", "Overview of the ECT Act", "Legal recognition of data messages 

and contract formation", "e-Consumers and spam", "Signatures in electronic 

commerce", "Electronic records and evidentiary value", and "Illustration: Office of 

the Inspector-General of Intelligence"; 


Communications, Forensics and Organized Crime, Durban, South Africa, 16–17 

July 2007 on "Computer terms expanded", "Overview of the ECT Act", "Legal 





Communications, Forensics and Organized Crime, Pretoria, South Africa, 21–22 

May 2007 on "Computer terms expanded", "Overview of the ECT Act", "Legal 


"Signatures in electronic commerce", and "Electronic records and evidentiary 

value"; 

161. Presented a half-day workshop on "Commissioning Computer program 

development'; Legal issues related to information security and legislation; 

Introduction to ECT Act; Legal effect of e-communications; Platform development 

for e-commerce and m-commerce: Interface between legal & technical 

requirements" at the Artificial Intelligence and Information Security Conference 

2008 held on 29th h of August, 2008 ABSA Conference Centre, Pretoria 

162. Co-presented a one-day LEAD workshop for the Law Society of South Africa and 

delivered papers on “Overview of the ECT Act”; “Legal Recognition and Contract

Formation”; “Rights and Obligations of On-line Vendors and Suppliers” and 

“Domain Name ADR Rules and Procedures”; at Midrand on the 15 May 2009 


delivered papers on “Overview of the ECT Act”; “Legal Recognition and Contract 


“Domain Name ADR Rules and Procedures”; in Durban on 29 May 2009 




“Domain Name ADR Rules and Procedures” in Cape Town on 05 June 2009 




“Domain Name ADR Rules and Procedures” in Port Elizabeth on 31 July 2009

Contributions to law updates 

166. “Copyright” (1993) LAWSA Supplement (1993) (co-authors: Vorster LP; Faris 

JA; Jansen M; Mare MC; Alheit K; Lotter S) 

167. “Designs” (1993) LAWSA Supplement (1993). (co-authors: Vorster LP; 

Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) 

168. “Patents, Inventions and Heraldy” (1993) LAWSA Supplement (1993) 

(co-authors: Vorster LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) 

169. “Copyright” (1995) LAWSA Supplement (1995). (co-authors: Vorster 

LP; Faris JA; Jansen M; Mare MC; Alheit K; Lotter S) 

170. “Designs” (1995) LAWSA Supplement (1995). (co-authors: Vorster LP; 


171. “Patents, Inventions and Heraldry” (1995) LAWSA Supplement (1995) 


172. “Copyright” (1996) LAWSA Supplement (1996) (co-authors: Vorster 


173. “Designs” (1996) LAWSA Supplement (1996) (co-authors: Vorster LP; 




175. “Copyright” (1997) LAWSA Supplement (1997) (co-authors: Vorster 


176. “Designs” (1997) LAWSA Supplement (1997) (co-authors: Vorster LP; 




178. “Trade Marks” (1997) LAWSA Supplement (1997) (co-authors: Vorster LP; 

Faris JA; Jansen M; Mare MC; Alheit K; Lotter S)

International Research reports 

179. Draft ICT Policy Document (2001) (by Schoeman, Miller & Esselaar et al) 

submitted to Ministry of Foreign Affairs, Information and Broadcasting by 

Schoemans Office Systems 30 April 2001. 

180. Research Report on Guidelines for the Use of State Emblems (research paper 

commissioned by the Department of Trade and Industry and funded by US Aid (Oct 

2001)) 

181. The Role of IP Right Protection in Encouraging FDI, Technology Transfer and 

Sustainable Development: Lessons from South Africa (research paper 

commissioned by the United Nations University (Nov 2007)) 

182. A South African Perspective on the Treatment of Know how in international R&D 

Cooperation (research report commissioned and complied by University of Aachen, 

Aachen, Germany (project leader) and the Munich Intellectual Property Law Centre 

and Fraunhofer Institut), Munich, Germany (1 December 2008)) 

http://www.kooperationinternational.de/fileadmin/redaktion/doc/South_Africa_Laenderberichte_Geistiges_ 

Eigentum.pdf 

183. The Legal Implications of Spoofed Caching: A South African Perspective 

(research paper commissioned by Oversi) (May 2009))

National Research reports 

184. Research Report to the Secretary of the Intellectual Property Advisory 

Committee: Comments to the Advisory Committee on Copyright, Trade Marks, 

Designs and Patents on the Copyright Amendment Bill, 1992 (31 June 1991) 

185. Select Intellectual Property Implications of Electronic Commerce And Global 

Information Networks: Copyright, Trade Marks, and Databases (co-authored by 

Prof Coenraad Visser) (2000) academic paper commissioned by the Department of 

Communications available at http://www.ecomm-debate.co.za 

186. Contracting on the Internet: The Formation of Contracts, Trade Practices 

and Online Dispute Resolution (co-authored by Eddie Hurter) (2000) academic 

paper commissioned by the Department of Communications available at 

http://www.ecomm-debate.co.za 

187. Comparative Survey of Legislative Initiatives on Select Aspects of Electronic 

Commerce (2000) academic paper commissioned by the Department of 

Communications available at http://www.ecomm-debate.co.za 

188. ZA2007-0005 (Telkom SA Ltd v the phonebook.co.za & white pages.co.za) .za 

DNS ADR decision 

http://www.domaindisputes.co.za/downloads/decisions/ZA2007-0005.pdf 

189. ZA2008-00015 (Luxottica US Holdings Corporation v Preshal Iyar) .za DNS ADR 

decision http://www.domaindisputes.co.za/downloads/decisions/ZA2007-00015.pdf 

190. Legal Opinion on Impact of Traditional Knowledge Intellectual Property Laws 

Amendment Bill, 2007 (research paper commissioned by the South African Music 

Rights Organisation (SAMRO) (May 2008)) 

191. ZA 2009-0036 (Oceanair Travel (Pty) Ltd, Turbo Travel (Pty) Ltd, Boland Travel 

Paarl (Pty) Ltd, XL Travel Holdings (Pty) Ltd v NU-COM Systems Pty Ltd) .za DNS 

ADR decision http://www.domaindisputes.co.za/downloads/decisions/ZA2009- 

00036.pdf 

192. ZA2010-0046 (Neotel (Pty) Ltd v Llowelyn Stainbank) .za DNS ADR decision 

http://www.domaindisputes.co.za/downloads/decisions/ZA2010-00046.pdf 

193. ZA2011-0074 (Standard Bank of South Africa Ltd v Grandwebs) .za DNS ADR 

decision http://www.domaindisputes.co.za/downloads/decisions/ZA2011-00074.pdf 

194. Copyright Review Commission Report (2012) (Member of the Copyright Review 

Commission)

Publications - Unisa

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