A recent posting on a popular intellectual property (IP) blog
raised an issue that's becoming increasingly important in the
couch-potato / global- village world we now live in: what, if any,
legal protection does a TV format enjoy? In South
Africa we often watch local versions of foreign TV programs, be
they 'reality' shows like Big Brother or Come Dine With Me,
'talent' shows like Idols or Masterchef, or game shows like
The Weakest Link. But does a South African company that wants to
produce a local version of a foreign TV show need any form of
licence?
It's not that clear. What does seem pretty clear,
though, is that it's highly unlikely that a broadcaster will
get a patent for a TV format in South Africa. That's because,
although the Patents Act provides that you can patent a new
invention that involves an inventive step and that can be applied
in trade, industry or agriculture (entertainment is, of course, an
industry), there are a number of specific
