Cipla Medpro (Pty) Ltd v Societe Des Produits Nestle SA (A395/12) [2014] ZAGPPHC 124; 2014 BIP 146 (GP) (28 February 2014)

Cipla Medpro (Pty) Ltd v Societe Des Produits Nestle SA (A395/12) [2014] ZAGPPHC 124; 2014 BIP 146 (GP) (28 February 2014)

The court held that section 53(1) of the Trade Marks Act is a general provision intended for persons aggrieved by administrative decisions of the Registrar, not for parties to opposed proceedings. Section 53(2) is the special provision that applies to parties to opposed proceedings before the Registrar. The maxim generalia specialibus non derogant requires that the general provision in section 53(1) must yield to the special provision in section 53(2). Therefore, the respondent, as a party to opposed proceedings, was not entitled to rely on section 53(1) to set aside the Registrar's order. The Court a quo erred in entertaining the application under section 53(1), and its order was set aside.

Citation
[2014] ZAGPPHC 124
Parties
Appellant: Cipla Medpro (Pty) Ltd; Respondent: Societe Des Produits Nestle SA
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2014
Case Number
A395/12
Procedural Posture
Civil Appeal / Appeal From High Court Order Setting Aside Registrar's Order
Outcome
Appeal upheld with costs. The order of the Court a quo is set aside and replaced with an order dismissing the application with costs.
Judges
DS Fourie, E Jordaan, Kubushi
Legal Topics
Trade Marks Act, Opposed Proceedings, Jurisdiction of High Court, Administrative Vs Judicial Functions
Intellectual Property Civil Procedure Trade Marks Act Opposed Proceedings Jurisdiction of High Court Administrative Vs Judicial Functions

Case Brief

Summary, issues, holding and outcome

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Parties

Cipla Medpro (Pty) Ltd

Appellant

Societe Des Produits Nestle SA

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Setting Aside Registrar's Order

Legal Issues

  1. 1 Whether section 53(1) of the Trade Marks Act permits a party to opposed proceedings before the Registrar to apply to the High Court for relief.
  2. 2 Whether the respondent was entitled to rely on section 53(1) to set aside the Registrar's order.
  3. 3 Whether the Court a quo had jurisdiction to entertain the application under section 53(1).

Ratio Decidendi

The court held that section 53(1) of the Trade Marks Act is a general provision intended for persons aggrieved by administrative decisions of the Registrar, not for parties to opposed proceedings. Section 53(2) is the special provision that applies to parties to opposed proceedings before the Registrar. The maxim generalia specialibus non derogant requires that the general provision in section 53(1) must yield to the special provision in section 53(2). Therefore, the respondent, as a party to opposed proceedings, was not entitled to rely on section 53(1) to set aside the Registrar's order. The Court a quo erred in entertaining the application under section 53(1), and its order was set aside.

Court Disposition

Appeal upheld with costs. The order of the Court a quo is set aside and replaced with an order dismissing the application with costs.

Orders

  • The appeal is upheld with costs.
  • The order of the Court a quo is set aside.