Swazi Observer

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INTERNATIONAL FIRMS TO PROTECT ARTISTS’ CRAFT

By Phetsile Mamba | 2022-06-09

Eswatini has resorted to seek international assistance in the quest to ensure intellectual property (IP) protection for local artists.

Minister of Commerce, Industry and Trade Manqoba Khumalo disclosed that government has sought assistance from the World Intellectual Property Organisation (WIPO), African Regional Intellectual Property Organisation (ARIPO) and others with ways to achieve intellectual property protection that works in tandem with IP commercialisation.

Khumalo was addressing the heads of intellectual property conference at the Royal Villas yesterday.

The minister said they wanted to encourage local creators and innovators to exploit the large IP available in the public domain.

He acknowledged that there were creative sectors who relied on copyright protection to thrive. He said this was the ecosystem of sectors in film, music, advertising, arts, fashion, entertainment and others.

Khumalo mentioned that effects of the COVID-19 pandemic or the preventative measures, such as lockdowns, which had to be put in place, were felt acutely in this industry.
“As we rebound from the effects of the COVID-19 pandemic, we have operationalised the new Copyright and Neighbouring Rights Act,” Khumalo disclosed.

The Act provides for the creation of the copyright society, a body in which government injected funds to kick-start operations and activities that could see equitable remuneration of creators of copyright content in the land.

Khumalo pointed out that there were provisions in the copyright legislation for the voluntary registration of copyright, which would be a useful mechanism for those who want to ensure that the existence and priority of their copyright is properly recorded.

“This registration is useful for a myriad of commercial exploitation options that are available to the copyright creators,” he emphasised.

It is worth noting that the official Eswatini Copyright and Neighbouring Rights Society Board was launched early this year.

The Copyright and Neighbouring Rights Act, 2018 came into force through Khumalo.

Owner

This is according to a government gazette dated July 27, 2021 which announced that the Copyright and Neighbouring Rights Act of 2018 came into force on August 1, 2021.

According to copyright.gov, copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational or musical form.

According to Section (3) of the Copyright and Neighbouring RightsAct, 2018, works that are eligible for copyright if they are original include literary, musical, artistic, audio-visual works, sound recordings, broadcasts, programme carrying signals and published editions. Section (6) further states that work that is eligible shall qualify for copyright protection if it is made by or under the direction of the State or an international organisation designated as such by regulations made by the Minister.

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