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Intellectual Property Policy for the King III Report and Code
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Background

The Institute of Directors in Southern Africa (IoDSA) owns the copyright in the King Report on Corporate Governance and the King Code of Corporate Governance collectively referred to herein as King III. The purpose of this policy is to set out the IoDSA intellectual property rights regarding the King III Report and Code and provide guidance on how it can be used properly. 

 

Trade Marks

The IoDSA has registered trade marks in relation to King III in both words and logos.

Any and all unauthorised use of the IoDSA trade marks may amount to a trade mark infringement. The IoDSA will be entitled to institute civil proceedings against the infringing persons (“persons” includes both natural and juristic persons) and to claim damages for such infringement as permitted in terms of the Trade Marks Act 194 of 1993.

 

In addition, such unauthorised use of the IoDSA’s trade marks may mislead and confuse members of the public into believing that the infringing person’s business is associated the IoDSA. Furthermore it may suggest an endorsement by the IoDSA of the infringing person’s business and products. Such conduct amounts to passing-off and is therefore also actionable under the common law.

 

1.   Trade marks owned by the IoDSA in words are:

  • King III;
  • King III Report on Corporate Governance; and
  • IOD King III Report on Corporate Governance.      

 

2.   Rules for the use of the above word Trade Marks

Written permission is not required from the IoDSA to use the word trade marks however the following must be adhered to:

  • When mentioned for the first time it must always be used with the letters ™ and must thereafter include the text: 
    Copyright and trade marks are owned by the Institute of Directors in Southern Africa NPC (written in full) and all of its rights are reserved”.
  • In the case of the King III™ trade mark, it must always be used as two words with the III in roman numerals.
  • In the case of the King III Report on Corporate Governance™ trade mark, it must always be used as six words with the III in roman numerals.
  • In the case of the IoD King III Report on Corporate Governance™ trade mark, it must always be used as seven words with the III in roman numerals.
  • The ™ is only to be used once in the phrase and is not to be shown as: King III™ Report on Corporate Governance™.

3.   General Rules

  • The term King III and the various adaptions of King III may not be used or included domain name.
  • The term King III and the various adaptions of King III may not be used or included in email addresses of third parties.
  • When in doubt of whether you have used and referenced the King III trade marks acceptably, contact the IoDSA’s Legal Department via Tanya Nassif on tanyan@iodsa.co.za for clarity.


Copyright

In the IoDSA owning the copyright in the King III Report and Code on Corporate Governance in terms of the Copyright Act No.98 of 1978 (the Act) protects the IoDSA's full ownership, rights and title in relation to copyright in the King III Report and Code.

 

1.   Use of the King III Report and/or Code

      “Use of the King III Report and/or Code” in any manner will include:

  • use of any one or all of the chapters within the King III Report and/or Code;
  • use of any portion of text directly quoting same from the King III Report and/or Code; and
  • use of any copies of the King III Report and/or Code including parts or chapters thereof. 

 

2.   Permissible use of the King IV Report – no IoDSA written authority is required

The King IV Report may be used for all purposes including fair use (as defined in the Copyright Act as well as other uses where a commercial benefit is derived, such as:

  • general business;
  • advisory and consulting work;
  • training services; and
  • educational teaching,

however proper referencing as set out below is required at all times, as indicated by clause 4 below.

 

The King III Report and/or Code may not be stored electronically on any website or platform. When referencing the King III Report and/or Code online persons are required to create a link that redirect’s any interested parties to the IoDSA website. The link to use is: http://www.iodsa.co.za/?page=KingIII

 

3.   Permissible use of the King III Report and/or Code – IoDSA written authority is required

The instance where the King III Report and/or Code will be included in part or in whole in a publication, whether written or electronic, and a commercial benefit is derived from the sale of such publication - the prior written approval of the IoDSA is mandatory and will be subject to signing a licence document with the IoDSA and a royalty fee being charged by the IoDSA. 

 

4.   All Copyright referencing of the King III Report and/or Code

In instances where the King III Report and/or Code content is used, whether authorisation is required or not, the appropriate referencing is required at all times as allowed in terms of the Copyright Act and a link to the IoDSA website.

The required referencing to be used for the King III Report is:

 “The King III Report on Corporate Governance for South Africa 2009, Copyright and trade marks are owned by the Institute of Directors in Southern Africa” and the IoDSA website link is: http://www.iodsa.co.za/?page=KingIII

The required referencing to be used for the King III Code is:

 “The King III Code on Corporate Governance for South Africa 2009, Copyright and trade marks are owned by the Institute of Directors in Southern Africa” and the IoDSA website link is: http://www.iodsa.co.za/?page=KingIII

 

 When quoting any text directly from the King IV Report, the quoted portion must be put in italics and a footnote with the aforesaid reference above must be used. 

 

Legal Rights

IoDSA sees the infringement of its copyright and trade marks in a serious light. If in doubt, persons are requested to contact the IoDSA’s Legal Department for clarity on the permitted use. The IoDSA Legal Department is to be contacted via Tanya Nassif on tanyan@iodsa.co.za.

 

In the event of an infringement, the IoDSA is entitled and reserves its right to institute civil proceedings against the infringing persons and to claim damages, an interdict, delivery of the infringing works and any other relief as permitted by law. 

 

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