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Intellectual Property Policy for the King IV Report ™
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Background

The Institute of Directors in Southern Africa’s (IoDSA) owns the copyright and various trade marks in all four of the King Reports and/or Codes on 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 can be used properly.

 

Trade Marks

The IoDSA has registered trade marks in relation to King IV™ and any and all unauthorised use of the IoDSA trade marks may amount to a trade mark infringement. The IoDSA will thus 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. Such conduct amounts to passing-off and is therefore also actionable under the common law.

Such trade marks include registrations both in words and logos and in several classes, in relation to King IV. Examples, inter alia, include the:

  • King IV;
  • King IV Report;
  • King IV Report on Corporate Governance; and 
  • King IV Code. 

Rules for the use of the Trade Marks 

  • Must always be used with the letters ™.
  • Must always add that the ownership is held by the Institute of Directors in Southern Africa NPC (written in full) and all of its rights are reserved after using the ™.
  • Must never be used as a verb, for example “our Director is conducting a King IV…”.
  • In the case of the King IV™ trade mark, it must always be used as two words with the IV in roman numerals.
  • In the case of the King IV Report™ trade mark, it must always be used as three words with the IV in roman numerals.
  • In the case of the King IV Report on Corporate Governance™ trade mark, it must always be used as six words with the IV in roman numerals.
  • The ™ is only to be used once in the phrase and is not to be shown as: King IV™ Report™ on Corporate Governance™.
  • Always add “IoDSA” when using the trade marks as a domain name or twitter hashtag.
  • King IV and the various adaptions of King IV may not be used or included in email addresses of third parties.
  • No logos or diagrams of King IV may be used without a written agreement being signed with the IoDSA authorising same.
  • When in doubt of whether you have used and referenced the King IV 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 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.

 

Use of the King IV Report

“Use of the King IV Report™” in any manner will include:

  • use of any one or all of the Sections within the King IV Report;
  • use of any portion of text directly quoting same from the King IV Report; and
  • use of any copies of the King IV Report including parts or sections thereof. 

 

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

The King IV Report may be used for only the following purposes without the prior authorisation of IoDSA[1]:

  • Fair use made of the King IV Report for research, private study or personal use;
  • Fair use made of King IV Report for criticism or review of the King IV Report or another work, or reporting current events in newspapers, magazines and similar periodicals or by means of broadcasting if the source and name of the author is mentioned;
  • Use of King IV Report in judicial proceedings or reports of judicial proceedings;
  • Fair use made of King IV Report for quotations, if the extent of the quotation does not exceed the extent justified by the purpose and if the source and name of the author is mentioned;
  • Fair use made of King IV Report (to the extent justified by the purpose) by way of illustration in publications, broadcast or sound or visual records for teaching if the source and name of the author is mentioned;
  • Reproductions of the King IV Report by broadcasters intended exclusively for lawful broadcasts and destroyed within 6 months from reproduction. (Reproductions of exceptional documentary nature may be preserved for longer under circumstances specified by s12(5)(b) of the Act); and
  • Use of King IV Report in a bona fide demonstration of radio or television receivers or any type of recording equipment or playback equipment to a client by a dealer in such equipment.

 

"Fair use” in the above context speaks to the degree and extent of usage, reproduction, adaption and/or translation which should not be significant and therefore, for example, should be limited to only several pages. Persons may not use the King IV Report content for any commercial gain or in any manner that otherwise would be perceived as unfair and must always accredit IoDSA as the owner of the intellectual property rights in and to the e King IV Report.

 

Permissible use of the King IV Report – IoDSA written authority is required

Any instances where use of the King IV Report that falls outside of the above permitted fair use criteria, such use will require the prior written approval of the IoDSA and may be subject to signing a licence agreement with the IoDSA and a possible royalty fee being charged by the IoDSA where a person derives a commercial benefit.

For example, if a person performs any of the following actions beyond the fair use permitted above, namely:

  • to reproduce any part or portion of the King IV Report in any manner or form;
  • to make presentations on the content of the King IV Report in public;
  • by broadcasting the King IV Report in any manner;
  • by making an adaptation or translation of the King IV Report; and
  • by doing, in relation to an adaptation or translation of King IV Report, any of the acts specified in the above points in relation to King IV Report except where such use is permitted fair use as described above.

The IoDSA reserves its right to enter into a licence agreement with any persons as well as to charge a royalty fee (in instances where a commercial benefit is derived) for any requested use of the King IV Report, as permitted by law. In the event that a licence agreement is entered into and a royalty fee is charged, payment of same is required before any use of the King IV Report.

 

Legal Rights

IoDSA sees the infringement of its copyright and trade marks in a serious light. Persons are requested to contact IoDSA in writing via its Legal Department for authorisation should they wish to make use of the King IV Report. If in doubt, persons are requested to contact the IoDSA’s Legal Department for clarity on the permitted use. Any decisions regarding the use of the King IV Report™ will be at the sole discretion of the IoDSA. 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.

Persons or organisations will be guilty of an offence if they use, sell, let, by way of trade offer or expose for sale or hire, or distribute (for the purposes of trade or for other purposes to such an extent that IoDSA is prejudicially affected) products which they know to be infringing copyright of the King IV Report, without the authority of IoDSA (s27(1) of the Act). Persons who cause the King IV Report to be presented in public will also be guilty of an offence (s27(2) of the Act). The IoDSA reserves its right to institute civil proceedings in addition to criminal proceedings in such instances.

 

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. Below is the required referencing that needs to be used:


The King IV™ Report should be referenced as:

 

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.

General

The IoDSA must be acknowledged as the owner and creator of the intellectual property rights in and to the King IV Report itself as well as the King IV Report trade marks and a link to the website of the IoDSA must be provided in all of the aforesaid instances. The link to use is: http://www.iodsa.co.za/?page=AboutKingIV . However, this may not be done in any manner that suggests that the user is associated with or endorsed by the IoDSA when this is not the case.

The King IV Report may not be stored electronically on any website or with reference to any article relating to the King IV Report. When referencing the King IV™ Report 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=AboutKingIV . The IoDSA Legal Department is to be contacted via Tanya Nassif on tanyan@iodsa.co.za if you have any queries or requests regarding this policy.


 

[1] This list has been adapted and taken from Section 12 of the Copyright Act available on this link http://www.cipro.co.za/legislation%20forms/Copyright/Copyright%20Act.pdf

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