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Intellectual Property Policy for the King IV Report ™ |
Background The Institute of Directors in Southern Africa (IoDSA) owns the copyright and various trade marks in all four of the King Reports and/or Codes on Corporate Governance. It has funded the creation and development of the latest King Report, namely the King IV Report on Corporate Governance™ in South Africa 2016 (“King IV Report”). The purpose of this policy is to set out the IoDSA intellectual property rights regarding the King IV Report and provide guidance on how it is to be used.
Trade Marks The IoDSA has registered trade marks in relation to King IV in both words and logos.
1. Trade marks owned by the IoDSA in words are:
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:
3. Trade marks owned by the IoDSA as a logo are:
4. Rules for the use of the above logo Trade Marks
5. General Rules
Copyright In the IoDSA owning the copyright in the King IV Report and all of its sections 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 IV Report.
1. Use of the King IV Report “Use of the King IV Report™” in any manner will include:
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:
however proper referencing as set out below is required at all times, as indicated by clause 4 below.
The King IV Report may not be stored electronically on any website or platform. When referencing the
3. Permissible use of the King IV Report – IoDSA written authority is required The instance where the King IV Report 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 IV Report In instances where the King IV Report 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 IV Report is: “The King IV Report on Corporate Governance for South Africa 2016, 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=AboutKingIV 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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