Professional Documents
Culture Documents
7. Tests
Theme 4 – Continuing professional 4. Administration
development 5. The system of CPD, was started in 2006, and The CPD system is administered by ECSA in terms of its
linked to renewal of registration from 1 Jan obligation under the Act.
2007 for all registered persons. • Provision of CPD activities according to specific
1. Background
criteria and guidelines is outsourced to
ECSA is responsible for regulating the practice of
2. Objective of the CPD System ▪ Recognised voluntary associations
engineering in South Africa.
CPD is introduced for all registered persons in order to: (VAs);
1. Ensure that all registered persons maintain ▪ Accredited tertiary educational
1. The Code of Conduct requires:
their competence throughout their period of institutions &
1.1. Practicing strictly within their area of
registration. ▪ Other recognised providers
competence
2. Meet the requirements of the Act. • ECSA ensures that the responsibilities
1.2. Maintenance and enhancement of this
3. Be the acceptable means for renewal of outsourced are carried out in a fair, equitable
competence
registration. and responsible manner. ECSA therefore retains
4. Meet the requirements for recognition of the right to review or withdraw any outsourced
2. As a result Registered persons:
ECSA’s assessment process with regard to responsibilities from providers, should the
2.1. Have the responsibility to keep abreast of
international agreements. circumstances so require.
developments and knowledge in their areas of
5. Ensure that those South African registered
expertise
persons meet the requirements for their 5. Role of Employers of Registered Engineering
2.2. Should strive to contribute to the
continued international registration. Persons
advancement of the body of knowledge with
Employers
which they practice and to the profession in
3. CPD Definition • Are responsible for creating a suitable work
general
environment, which supports and promotes the
3.1. CPD can be defined participation of registered persons in activities
3. In accordance with Act 46 of 2000 ECSA:
• As the systematic maintenance, improvement that maintain their competence, &
3.1. Must serve and protect the safety and
and broadening of knowledge and skills, & • Share a responsibility to maintain a work
health of the public by establishing and
• The development of personal qualities environment in which the continued
maintaining minimum standards of practice,
necessary for the execution of professional and development of registered persons is assured.
knowledge and skills of registered engineering
technical duties throughout a person’s
persons in the country as well as to establish
engineering career.
and maintain standards of professional ethics
among them.
3.2. ECSA’s definition 6. Applicability for Various Categories of
3.2. Is through section 13(k) of the Act
empowered to determine conditions relating to • Is widely drawn and not prescriptive so as to Registration
continuing education and training remain flexible enough to be relevant to all Policy on CPD is applicable to:
3.3. May make CPD part of renewal of registered persons at all stages of their careers. 1. Professional Categories
registration requirements. • The emphasis for meeting CPD requirements is Professional Engineers, Professional Engineering
not on the acquisition of credits for the Technologists, Professional Engineering
4. ECSA also maintain the international attendance of academic or theoretical courses Technicians and Professional Certificated
agreements with other engineering bodies alone, but has been spread over three Engineers. It is also applicable to those persons
abroad. These bodies require CPD as part of categories of activities, which would contribute who are registered in the category of Registered
their requirements and therefore also demand to meeting the minimum CPD credits needed Technicians, including Master Technicians.
that ECSA do the same if the SA registration is to for renewal of registration. 2. Candidate Categories
be recognised.
Registered Candidates are not required to approved, the registered person will qualify for • 1. CPD will run in 5-year cycles, during which
comply with the CPD requirements for purposes the specified CPD credits period every registered person will be required
of renewal of registration, however they are to accumulate a minimum of 25 credits in order
required to undertake CPD in order to comply 7.3 Retired Registered Persons to retain registration
with the requirements for full registration. Retired Registered Persons who • 2. In any one year, the registered person will be
Candidates therefore must record their CPD • No longer carry out any part-time consulting or required to accumulate a minimum of 3 credits
annually. engineering work, are exempted from CPD across at least two of the categories (not
3. Specified Categories requirements. necessarily 3 credits per category) mentioned in
This policy is applicable to the following • Are listed as “retired” on ECSA’s database, and Table 4.1. Further explanation in class lecture.
specified category: Registered Lift Inspectors who carry out part-time consulting or • 3. Additional credits earned in any one year may
engineering work within the limits of the ECSA be carried over to the subsequent years within
7. Possible Exemptions from CPD Requirements policy, are not exempt from CPD requirements, the five year cycle
Exemptions are allowed to the CPD requirements in the but they will be required to accumulate 3
following cases: credits per year. 8.2 Recording of CPD activities
• 1.During Postgraduate Studies All registered persons will be required to record their
• 2. Practising Abroad In either of these cases electing to return to active CPD activities annually:
• 3. Retired Registered Persons engineering practice • Either manually on form ECPD1 and by posting
• 4. Deferment At least 3 credits for CPD activities should be presented it to ECSA or electronically, in a password
to ECSA in order to change their registration back to protected private domain for each registered
7.1 During Postgraduate Studies active in the category concerned. person, via ECSA’s website registered persons
Registered Persons Undertaking Postgraduate Studies may record individual CPD activities on a
Registered persons who are undertaking full or part-time 7.4 Deferment continuous basis as they occur during each
postgraduate studies are not exempt from the CPD Application for and granting deferment annual cycle, provided that all CPD activities
requirements. However, following the award of a post • Registered persons may apply for deferment of undertaken during each annual cycle must be
graduate qualification, CPD credits may be claimed. CPD and ECSA will review such applications recorded no later than 30 days after the
individually. completion of each annual cycle
7.2 Registered Persons Abroad • If reasons given are acceptable to ECSA, • When recording CPD activities under sub-rule
Registered persons who are practising abroad deferment may be granted. 5(1), any person who is registered in more than
• Should meet the same requirements as those in • Registered persons experiencing physical one professional category must inform the
South Africa & disability, illness or other extenuating council which category of registration is the
• Will not be granted deferment. circumstances as reviewed and approved by most appropriate to his or her area of practice,
ECSA may be exempt. in which case the council evaluates the
However • Supporting documentation must be furnished to appropriateness of the CPD activities so
• Documentary proof of compliance with CPD ECSA. recorded in the context of the registration
requirements in any particular country, where category preferred by such registered person.
such requirements apply, will be accepted for 8. CPD requirements • Every registered person must retain
CPD purposes in South Africa. Major aspects of CPD Requirements documentary evidence of all CPD activities
• In the absence of such proof of compliance with • Cycles and credits per year undertaken during each five year cycle, and be
CPD requirements, documentation on activities • Recording of CPD activities able to present such evidence when requested
attended outside South Africa will have to be by the council to do so.
submitted to ECSA for evaluation and, if 8.1 Cycles and credits per year
Minimum per year and total
9. Categories of Activities for CPD 9.2 Work-based Activities
Credits Credits for working & mentoring
CPD credits must be obtained in at least two of • 1 A different formula is used to calculate credits
in this category. Since registered persons also
the three categories listed, at least 5 credits, per
remain current by performing their day-to-day
five year cycle, must be from Category 1 engineering responsibilities, a weighting of one
credit for every 300 hours per year for
engineering related work (including
management) is awarded for this category.
• 2. A maximum of two credits for 600 hours per
year may be earned in respect of this activity.
• 3. In addition, the mentoring of candidate
persons in the workplace will be recognised as
CPD with a maximum of 1 credit for 50 hours of
mentoring per year.
• 4. In-house skills training sessions organised by
9.1 Developmental Activities employer/engineering company and career
Attending developmental events guidance for candidates may also be presented
• 1 Attendance of structured under this sub-category.
educational/developmental meetings will be
credited with one credit per 10 hours of 9.3 Individual Activities
attendance. Individual Activities consist of:
• 2 A full day activity will be regarded as being for • Membership of an ECSA recognised voluntary
10 hours and a half-day activity will be regarded association
as 5 hours and hence half a credit. • Other activities
• 3 Minimum of 5 credits (50 hours) has to be Voluntary Associations
accumulated per 5 year cycle under this Membership of an ECSA recognised voluntary association
category: (engineering society/institution or institute) will result in
3.1Conferences a maximum of 1 credit per annum 10. Role of Recognised Voluntary Associations
3.2. Congresses ECSA’s view i.t.o. CPD on recognised VAs and Accredited
3.3. Large group workshops 9.3.1 Other activities Tertiary Educational Institutions:
3.4. Lectures Other activities include the following groups: 1. In South Africa the voluntary engineering
3.5. Seminars • Educational involvement associations and accredited tertiary educational
3.6. Refresher courses • Papers & Conferences institutions render an invaluable service in
3.7. Colloquiums offering a wide range of services that can be
• Institutions & Committees
3.8. E-learning used by engineering persons to maintain and
• Self-Enrichment
3.9. Relevant additional completed improve their competence.
accredited qualifications at benchmark 2. ECSA expects that the recognised voluntary
level or above (5 credits) associations should where possible as part of
3.10. A completed post-graduate their activities assist their members in
qualification (5 credits) identifying CPD activities which meet their
needs & present CPD activities.
3. Recognised voluntary associations will also be 1. Private Providers of CPD activities will be
responsible for the validation and monitoring of 11.3Responsibility of registered persons required to submit their proposed activity to
courses, seminars and conferences offered for Registered persons the recognised voluntary association for that
CPD credits by other providers. Registered persons, who intend participating in discipline or category of registration, who will
an activity provided by any other bodies should arrange for assessment of the content and CPD
11. Approval of Providers of CPD Activities ensure that the activity is approved so that the credit value thereof.
The main aspects are: credits awarded will be recognised by ECSA. 2. Applications for approval of CPD activities
1. Recognised VAs and Accredited Tertiary must be submitted to the appropriate
Educational Institutions 11.4Assurance by Vas recognised voluntary association.
2. All other recognised bodies In approving a Category 1 CPD activity the recognised
3. Responsibility of registered persons voluntary associations will ensure that: 12. Process of Renewal of Registration
4. Assurance by VAs 1. The activity should serve to maintain or Renewal of registration entails:
5. Approval of activities by other bodies enhance the knowledge, skills and competence 1. All registered persons will be required to
of all those who participate in it. apply for renewal of registration on the
11.1Recognised VAs and Accredited Tertiary 2. The activity should meet an educational and prescribed form at least 3 months prior to the
Educational Institutions developmental need and provide an effective expiry of their registration. 2. This renewal of
learning experience for the participants. registration every five years will merely be an
ECSA has given approval: 3. The (type of) participants or group of administrative process for those who meet the
To voluntary associations recognised as such in terms of participants must be specified and where CPD requirements.
the Act, as well as accredited tertiary educational appropriate, the discipline should also be 3. However, those registered persons who are
institutions to run activities, which will be acknowledged specified. identified administratively as having not met
for obtaining CPD credits. 4. The depth and breadth of the subject matter the requirements, will be advised accordingly
ECSA regards: covered must be appropriate with sufficient that their deficient CPD record will be referred
These bodies are capable of ensuring that all their time for discussion. to the relative Registration Committee or
courses, seminars or conferences etc would be of 5. The subject covered should provide a Professional Advisory Committee for decision.
adequate standard. balanced view and should not be unduly 4. Possible actions that may be taken by ECSA
promotional. are given below.
11.2All other recognised bodies 6. The presenters should have proven practical
All other bodies, such as private companies or state and academic experience and be good 13. Audit
organisations communicators. ECSA will conduct random audits.
1. Would need to have the contents of every 7. Evaluation forms for obtaining feedback from 1. ECSA will conduct random audits of up to
event they provide for in this Category of CPD participants on the activity must be provided for 10% of the CPD records of all registered persons
approved by the recognised voluntary rating of the relevance, quality and in the different categories of registration
association for the discipline or category of effectiveness of the activity. annually.
registration concerned and for the assignment 2. If selected for audit, registered persons will
of the appropriate credits. be required to send, within four weeks of initial
2. The organisers of these courses, conferences notification, verification of their CPD activities.
or seminars etc. would therefore have to 3. Where the CPD activity was presented by any
approach the appropriate recognised voluntary 11.5Approval of activities presented by other other provider, proof of approval of the activity
association for vetting of the activity and may bodies from the recognised voluntary association
be charged a fee for such evaluation and To obtain approval: together with proof of attendance must be
approval. submitted.
4. The audit of CPD submissions will be done by
members of ECSA’s Registration and
Professional Advisory Committees
5. Registered persons being audited will be
advised of the outcome.
6. Those who do not pass the audit will have
their record and verification documentation
referred to the relative Registration Committee
or Professional Advisory Committee for
decision.
7. Possible actions that may be taken by ECSA
are given below
14. Non-Compliance
A registered person not complying
In the event of a registered person not complying with
the requirements of the CPD system, ECSA may impose
any one or more of the following conditions:
1. Require the registered person to follow an
approved remedial programme of continuing
professional development within a period
prescribed by ECSA.
2. Removing the registered person’s name from
the relevant register.
Theme 5 – Intellectual Property 2. Also important to note that various RSA IP Laws make 2. SA industry tends to view this not as a major
direct reference to some of these, notably the Berne aspect of doing business, and in some cases
1. Defining IP Convention, the Paris Convention and TRIPS! have paid a heavy penalty by losing its exclusive
• Under SA Law there is no single law that rights to competitors much more astute to the
protects “Intellectual Property”. 1.2 RSA Constitution real value of a company’s IP.
3. Note that Intellectual Property is normally
• Intellectual Property is a collective term that
1. Note that IP rights are not specifically covered by the TERRITORIAL. But international protection can
refers to the protection of a variety of human
SA Constitution be achieved by way of various international
intellectual endeavours, which are protected
2. A good example is the much-publicised case of Laugh conventions and agreements that the RSA
under different laws.
It Off Promotions CC vs. South African Breweries subscribes to. (e.g. the Berne and Paris
• South African laws that are relevant are:
International BV (CLT4204, SA Constitutional Court) Convention states that a national of any of the
(a) Copyright Act 98 of 1978, as
3. Here the Court was asked to decide on the two rights member states will enjoy the same protection in
amended;
of IP Protection and Freedom of Speech. The Court found any of the member states than in his/her own
(b) Trade Marks Act 194 of 1993;
that: state, also holds for permanent residents of a
(c) Patents Act 75 of 1978;
3.1. The two rights have equal status member state).
(d) Patents Amendment Act 20 of
3.2. And, balancing them against each other 2. Trademarks
2002; &
found 1. A trade mark is a distinctive sign or indicator
(e) Designs Act 195 of 1993.
3.3. The Right to Freedom of Expression used by an individual, business organisation, or
overrides the IP Rights of SAB other legal entity to identify that the products
1.1 International picture
3.4. This was criticised extensively by the legal or services to consumers with which the trade
profession as it could have serious effects on mark appears originate from a unique source,
1. Important to realise that South African Law does not
the rights of business to act and deal with their and to distinguish its products or services from
stand in isolation, but is in many ways written to be in
propriety rights as they see fit and be protected those of other entities.
harmony with a variety of international laws and
by the various IP laws. The judgement also 2. A trade mark is typically a name, word,
conventions that the RSA subscribes to
would have serious effects on the status and phrase, logo, symbol, design, image, or a
1.1. Berne Convention for the Protection of
image of certain Trade Marks in the public mind combination of these elements. There is also a
Literary and Artistic Works (1971) first adopted
range of non-conventional trademarks
in 1886; this is administered by the World
1.3 Examples comprising marks which do not fall into these
Intellectual Property Organisation “WIPO”,
Justice Dikgang Moseneke, handing down a unanimous standard categories, such as those based on
Geneva, Switzerland. Some 164 countries
judgement in the Constitutional Court, found that SAB colour, smell, or sound.
agreed to this convention, including the RSA
had not proved that Laugh It Off had infringed on the 3. The owner of a registered trade mark may
1.2. Paris Convention for the Protection of
brewery’s trademark with the message on its Tshirts. The commence legal proceedings for trade mark
Industrial Property (1883, as amended 1979)
following images are as they appear on the Laugh It Off infringement to prevent unauthorised use of
agreed to between 173 signatories, including
website and although clearly being based on well-known that trade mark.
the RSA
Trade Marks seem to be now impossible to legally 4. However, registration is not required. The
1.3. Agreement on Trade-related Aspects of
prohibit and some appear to be clearly defamatory. owner of a common law trade mark may also
Intellectual Property Rights (1995) also known
file suit, but an unregistered mark may be
as the ‘TRIPS Agreement’, administered by the
1.4 Summary protectable only within the geographical area
WTO (as a result of the General Agreement on
1. It is evident that intellectual property is a within which it has been used or in geographical
Tariffs and Trade (‘GATT’))
complex topic and that it is governed by a areas into which it may be reasonably expected
1.4. WIPO Copyright Treaty (‘WCT’) (1996)
number of laws as well as international to expand.
conventions.
2.1 Governing act recognised as law” E.g. Judges have some
Trade Marks Act 194 of 1993 describes: power to make laws through their 2. First four are “traditional works”, or “products of skill
1. Commercial symbol or “sign” decisions. So, when a judge decides that, in and labour”
2. Used on both products and services this case, X should get damages because
3. Word or words reasons ABC, this is common law. The next 3. Last one is an “entrepreneurial work”, product of the
4. Slogans time there is the same situation, other “investment of entrepreneurs”. Also, includes sound
5. Names judges will follow previous judges’ recordings, broadcasts, “programme-carrying signals”,
6. Made-up (“created”) words decisions. published editions
7. Colours (e.g. Orange)
8. Shapes 2.4 Protecting a Trade Mark 4. “Secondary work copyright”, e.g. if Thabo translates
9. Logos 1. Against unauthorised use; John’s book from English to Zulu, both would be entitled
2. Also protection against similar marks (passing to copyright (Thabo’s translation is a “product of skill and
2.2 Value of trademarks off as that of somebody else); labour”), but this does not detract from John’s “original
1. Value of a Trademark lies in: 3. Even if not used in the RSA but well-known copyright”
1.1. To indicate origin (identify owner) 1.2. elsewhere (e.g. Orange v. some local firms,
Indicates quality (e.g. BMW, Rolls-Royce) McDonalds v. Joburgers). It is about prevention 5. Note also that “collections of data” (a database) is
1.3. Manufacturer’s reputation linked to the of confusion (passing-off); & protected, TRIPS Agreement specifically identifies this as
mark 4. But you can lose your trade mark if it is not an “intellectual creation”. The specific arrangement of
1.4. Valuable for advertising being used as one of the provisions for data in itself is worthy of protection.
1.5. To distinguish from other marks registration is that “the applicant must have the
intention to make use of the mark”. 6. Under TRIPS (Art 10(1)) “Computer programs, whether
2. BUT A TRADEMARK MUST BE DISTINCTIVE! in source or object code, shall be protected as Literary
• Common surnames are Not distinctive (e.g. Van 2.5 Remedies Works under the Berne Convention”
der Merwe, but Lalk is!) 1. Interdict (first step normally an Urgent
• Single alphanumeric letters are also not Interim Interdict, to restore the previous status 3.1 Copyright and Technology
distinctive (but KPMG, BMW is). The “Golden quo). Followed by a Final Interdict;
Arches” of McDonalds has become distinctive 2. Damages (must be reasonable); 1. The legal domain tends to lag the technology space,
• Terms that have become common language, 3. Royalties; which sometimes creates legal problems
e.g. “frequency hopper” used in military radio 4. Removal of infringing mark from the register;
communications is no longer protectable (used & 2. E.g. in Golden China TV Game Centre & Others v
to be seen as synonymous with the Grintek 5. Confiscation of all products carrying the Nintendo Co Ltd (1997), SA High Court (Appellate
TR15H radio sets) infringing mark. Division) the court found that a microchip containing
images and sequences of a video game qualified for
EXAMPLE SLIDE 7 copyright protection as a cinematographic film
2.3 Must a trademark be registered?
1. By doing so you will strengthen your
3. Copyright© 3. But Copyright is complex
ownership claim (use ®)
1. The following can be protected by copyright: A sound recording probably includes copyright
2. However, you do not have to register it
1.1. Literary works protection for a literary work (lyrics), a musical work,
to claim ownership. You can rely on
1.2. Dramatic works copyright of the performers, the producer, etc. THUS BY
common law (but it is harder to defend
1.3. Artistic works COPYING THE SOUND RECORDING YOU MAY INFRINGE
your rights) (use ™)
1.4. Musical works ON THE RIGHTS OF NUMEROUS INDIVIDUALS, EACH
3. Common Law = “a law that is not written
1.5. Cinematographic films WHO WILL HAVE A STRONG CASE FOR LEGAL RELIEF
into the statutes, but is commonly
4. There is no copyright in ideas, thoughts, mathematical inspection order) I Advantage in that this can be (b) Scientific theories, mathematical methods
formulas, etc. awarded without prior notice to the other party allowing (but their technical implementation can be
access and search of the party’s premises (preventing patented)
5. Copyright indicated by ©, but copyright is not other party to destroy evidence…) (c) Methods, schemes, rules for performing
registerable per se. Need not identify copyright, being mental acts, playing games or doing business
able to prove originality is sufficient. 4. Patents (but their technical implementation can be
patented)
3.2. Duration of Copyright 1 Patents are granted for inventions, new technological (d) Aesthetic creations
1. The Berne Convention states that “The term of improvements that contain some measure, great or (e) A computer programme (although this now
protection granted shall be the life of the author plus small, of inventiveness over what is previously known seems to become a possibility in the US, the SA
fifty years after his death” (UNISA, Patent Law Notes, 2000). Patents Act though still excludes computer
programmes)
2. Exceptions (e.g. computer programmes) where 2 Patents all have the following characteristics:
copyright exists for fifty years after the end of the year in 2.1. Issued by a state or other patent office; But despite this the SA Patent Office is awarding
which the work was completed or published (thus 2.2. Require that the invention be publicly software patents, Microsoft for example, in recent years
Microsoft still has about 20-30 years of copyright left on described (this can be a draw-back in some have registered some 300 software patents in the RSA,
Windows 1 or MS DOS!) cases!! – in some cases may be better to rely on this probably has more to do with the nature of the RSA
Trade secrets); Patent Office which is a “non-examining” patent office
3.3. Ownership of Copyright 2.3. Prevent ALL others from using the invention making
for the duration of the patent.
1. The Copyright Act states that “the ownership of any 4.2. Requires absolute novelty
copyright shall vest in the author, or the coauthors, of 3 Regulated in the RSA by the Patents Act 57 of 1978 1. Sect. 25(5) of the SA Patents Act states: “an invention
the work” (Sect 21(1)) (but also linked to the Paris Convention and Patent is deemed new if it does not form part of the state of the
Cooperation Treaty known as the “PCT”). art immediately before the priority date of that
2. But be aware of “works for hire” where an author is invention”.
contracted to perform a work the “employer” of the 4 Other important agreements include TRIPS (distinguish
author owns the work’s copyright from THRIPS a NRF scheme). 2. This places a difficult requirement on the inventor.
Sect 25(6) of the Act states: “The state of the art shall
3. Copyright is transmitted by law, e.g. if the owner is 4.1 What can be patented? comprise all matter (whether a product, process,
declared insolvent the copyright then vests in the trustee information about either, or anything else) which has
of the insolvent 1. A patentable invention must be (must comply to ALL been made available to the public (whether in the
three) Republic or elsewhere) by written or oral description, by
4. Copyright ownership grants the author exclusive rights (a) New use or in any other way”.
to benefit financially by exploiting his rights, e.g. (b) Involve an inventive step
transferring his rights to another party (c) Be capable of use in trade, industry, or 3. Therefore “loose lips robs you of your intellectual
agriculture property” to borrow a term from military security but if
3.4. Remedies your disclosure is made as a secret or confidential
1. Interdict 2. Not patentable are (there are also others we do not disclosure it will not destroy your idea’s novelty
2. Claiming damages cover here)
3. Handing over all infringing copies (a) Materials or substances already in nature 4.3. International protection
4. In lieu of damages, a reasonable royalty 5. Anton Piller 1. Once you submitted a local patent application with
order (a mandatory injunction order coupled with an the SA Patent Office you can also apply for protection
elsewhere, e.g. under the “Patent Cooperation Treaty”
or “PCT” applying for any number of PCT member 2. The employee will still be assigned as “inventor” but
countries (you must choose which countries, as there is the patent will be owned by the employer
no such thing as an “international patent”!)
3. A key point is whether the invention is “within the
2. Patent Duration = 20 years from priority date normal course of employment”, for example if the
employee is employed as a financial manager but invents
5. Employment and IP a new can opener, the employer would have no rights to
this invention
5.1. Position of your employees (Secrets)
What happens to inventions, or intellectual works made 4. Burrell’s South African Patent and Design Law suggests
by my employee? as a test: