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© 2026 International In-house Counsel Journal Ltd. | ISSN 1754-0607 | Picture Credits: Freepix, Unsplash and by permission of the authors
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A right to copy, right?

March 2022Intellectual PropertyConsultant

Abstract

Copyright is an intellectual property right that vests automatically. The question arises, whether the right has international enforcement due to the nature of the right. Copyright subsists the moment it meets the two basic criteria that qualifies the work to be protected by copyright, i.e. originality and reduction to material form. This begs the question, is it then an international right? The mere creation vests an international right despite per-country-national legislation. Or does it not? International instruments such as TRIPS and the Paris Convention addresses the authorship and enforcement of copyright by its members.

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Author

Madelein Kleyn

CEO, Mad K IP Consulting (Pty) Ltd, South Africa

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