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

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 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.
• In the case of the King IV Code™ trade mark, it must always be used as three 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™.

3.   Trade marks owned by the IoDSA as a logo are: 

4.   Rules for the use of the above logo Trade Marks

• Written permission is required from the IoDSA to use such logo which may be withheld at the sole discretion of the IoDSA.
• No logos or diagrams contained in the King IV Report may be used without a written agreement being signed with the IoDSA authorising same.

5.   General Rules

• The term King IV and the various adaptions of King IV may not be used or included in domain name.
• The term King IV and the various adaptions of King IV may not be used or included in email addresses of third parties.
• 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.

1.   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. 

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 IV Report may not be stored electronically on any website or platform. 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.

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.