Does the fourth industrial revolution call for a sui
generis form of IP protection?
It has been said that the fourth industrial revolution is upon
us. Technological fields such as Artificial Intelligence
("AI"), Additive Manufacturing ("AM") and the
like are no longer a thing of the future but rather increasingly a
part of everyday life, with smart devices, driverless cars and even
automated assistants to name a few examples. This revolution is
generally centred around a fusion between physical and digital
technologies.
We live in a period of unprecedented technological development
and innovation, but it is uncertain if the field of IP Law is
equipped to keep up with the rapid pace of development in the
technological fields of the present day which is driving the
revolution. According to the South African Patents Act 57 of 1978
("the Act") read together with the Patent Regulations
("the Regulations"), a complete patent application must
be accepted by the Registrar