Enforcement

We took nothing from anybody. We gave a great deal to the world. The only thing keeping us alive is our brilliance. The only thing that keeps our brilliance alive is our patents.” ― Edwin Land

Enforcement

  1. Intellectual property rights are enforceable through the South African courts.
      • In the case of patents, the court of first instance is the Court of the Commissioner of Patents, which has the same authority as a single judge of the High Court.
      • In the case of designs, trade marks and copyrighted works, the court of first instance is the High Court.
      • An appeal against a decision of the Court of the Commissioner of Patents or the High Court can be made to the full bench of the High Court (i.e. three judges instead of one) or the Supreme Court of Appeal.

 

  1. Remedies for infringement of valid intellectual property rights may include an order for –
      • An interdict
      • Damages
      • In lieu of damages, a reasonably royalty that would have been payable by an authorized licensee
      • Delivery-up of infringing goods

 

  1. We can assist you with technology-specific intellectual property opinions, as well as litigation relating to –
      • Infringement, revocation, restoration and amendment of patents and registered designs
      • Copyright, trade secrets and technology-based contractual matters
      • Enforcing rights in technical design drawings, literary works and computer programs
      • Passing-off and unlawful competition
      • Trade mark oppositions
      • Advertising matters before the Advertising Standards Authority

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