The following IP practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to patents in South Africa published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022).
Authors: Spoor & Fisher—Marco Vatta; Herman van Schalkwyk
South African patent law is governed by the Patents Act 57 of 1978, as amended (the Patents Act). The Patents Act makes provision for infringement proceedings, which are held before the Court of the Commissioner of Patents, a specialist court of the Gauteng Division of the High Court of South Africa, Pretoria. No provision is made for any other form of legal or administrative proceedings for enforcing patent rights, and only the Court of the Commissioner of Patents has jurisdiction as court of first instance to hear patent enforcement matters.
Patent enforcement proceedings may be brought in two ways — by motion proceedings and action proceedings. In motion proceedings, the evidence is contained in affidavits and, in the ordinary course of proceedings, no oral evidence is heard. The matter may, however, be referred to oral evidence where there is a dispute of fact.
The common approach for patent enforcement is
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Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim
Enforcing a warrant of controlThis Practice Note has been produced by enforcement specialists, The Sheriffs Office. It guides users through the process of enforcing a warrant of control obtained from the County Court as a method of enforcing a money judgment; whereby the judgment creditor takes
Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general
Dawn raid—who can raid my organisation and why?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional
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