Schlumberger Logelco Inc v Coflexip S A (700/98) [2000] ZASCA 25; 2000 (3) SA 861 (SCA) (25 May 2000)

Schlumberger Logelco Inc v Coflexip S A (700/98) [2000] ZASCA 25; 2000 (3) SA 861 (SCA) (25 May 2000)

The Supreme Court of Appeal held that the Patents Act, as extended by the Maritime Zones Act, applies to installations within the exclusive economic zone, including pipelines used for transferring substances. The immunity provided by section 71(1) of the Patents Act is limited to convention vessels within territorial waters and does not apply to installations in the exclusive economic zone. The appellant's installation of the patented apparatus at the Soekor Field Development Project, situated within the exclusive economic zone, constituted an infringement of the respondent's patent. The court found no inconsistency between the Patents Act and the Maritime Zones Act that would exclude the...

Citation
[2000] ZASCA 25
Parties
Appellant: Schlumberger Logelco Inc; Respondent: Coflexip S A
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 2000
Case Number
700/98
Procedural Posture
Civil Appeal / Appeal From Dismissal of Special Plea
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Hefer, Grosskopf, Harms, Olivier, Farlam
Legal Topics
Patent Infringement, Exclusive Economic Zone, Maritime Zones Act, Paris Convention, Installation Definition
Intellectual Property Patent Infringement Exclusive Economic Zone Maritime Zones Act Paris Convention Installation Definition

Case Brief

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Parties

Schlumberger Logelco Inc

Appellant

Coflexip S A

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Special Plea

Legal Issues

  1. 1 Whether a South African patent can be infringed by the installation of a pipeline within the exclusive economic zone.
  2. 2 Whether the Patents Act applies to installations situated beyond the territorial waters but within the exclusive economic zone.
  3. 3 Whether section 71 of the Patents Act provides immunity for installations in the exclusive economic zone.

Ratio Decidendi

The Supreme Court of Appeal held that the Patents Act, as extended by the Maritime Zones Act, applies to installations within the exclusive economic zone, including pipelines used for transferring substances. The immunity provided by section 71(1) of the Patents Act is limited to convention vessels within territorial waters and does not apply to installations in the exclusive economic zone. The appellant's installation of the patented apparatus at the Soekor Field Development Project, situated within the exclusive economic zone, constituted an infringement of the respondent's patent. The court found no inconsistency between the Patents Act and the Maritime Zones Act that would exclude the...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.