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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 292

Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014)

Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2025] ZAWCHC 292 (14 July 2025)

The High Court ordered the respondents to pay party-and-party costs after the merits were settled, finding their abandonment of the plant justified a costs award.

  • Costs Award
  • Confidential Information
  • Copyright Infringement
  • Interdictory Relief
  • Expert Evidence
  • Settlement Of Dispute
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Intellectual Property [2025] ZAWCHC 285

Southern Liqueur Company Limited v Noble Spirits (Pty) Ltd (Leave to Appeal) (7243/2021)

Southern Liqueur Company Limited v Noble Spirits (Pty) Ltd (Leave to Appeal) (7243/2021) [2025] ZAWCHC 285 (11 July 2025)

Leave to appeal was refused in a trade mark interdict dispute about AFRULA and AMARULA, with costs awarded against the respondent.

  • Trade Marks Act
  • Statutory Infringement
  • Dilution Of Distinctiveness
  • Confusing Similarity
  • Interdict
  • Freedom Of Expression
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Civil Procedure [2025] ZAWCHC 281

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022)

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022) [2025] ZAWCHC 281 (9 July 2025)

The court found that the applicant failed to demonstrate any necessity or urgency for repeated preservation relief, as the Anton Pillar order of 25 July 2023 already secured the preservation of the seized information and documentation in the custody of the Sheriff. No evidence of threat or interference was presented. Regarding the request to use the seized material for criminal complaints, the court held that the SAPS has sufficient statutory mechanisms to obtain evidence for criminal investigations, and it is not the role of the civil court to dictate or facilitate the use of such material i…

  • Anton Pillar Order
  • Preservation Of Evidence
  • Copyright Infringement
  • Confidential Information
  • Discovery Procedure
  • Criminal Complaint Utilisation
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Commercial And Corporate [2025] ZASCA 98

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023)

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023) [2025] ZASCA 98 (4 July 2025)

The Supreme Court of Appeal held that the post-termination provisions in the franchise agreements were clear and enforceable, requiring franchisees to return all proprietary materials, signage, and cease using Oasis' business system and intellectual property. The evidence established that the franchisees retained and used confidential information, client lists, and marketing strategies gained during the franchise period, and continued to exploit Oasis' business system after termination. The constitutional defences and CPA-based arguments were either not properly pleaded or unsupported by evid…

  • Franchise Agreements
  • Post Termination Obligations
  • Consumer Protection Act
  • Confidential Information
  • Trade Secrets
  • Unlawful Competition
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Intellectual Property [2025] ZASCA 94

Yossi Barel v Popular Trading CC and Others (1102/2023)

Yossi Barel v Popular Trading CC and Others (1102/2023) [2025] ZASCA 94 (23 June 2025)

The majority held that counterfeiting under South African law requires more than mere trademark infringement; it demands a deliberate and fraudulent intent to deceive or pass off goods as those of another. Popular Trading's goods were authentic, sourced directly from the original Italian manufacturer, and lacked any intent to deceive the public or pass off the goods as those of Mr Barel. The evidence did not establish that Popular Trading intended its goods to be confused with or taken as being Mr Barel's goods. Mere knowledge of Mr Barel's trademark registration did not convert the continued…

  • Counterfeit Goods Act
  • Trade Mark Infringement
  • Mens Rea In Counterfeiting
  • Search And Seizure
  • Deliberate Infringement
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Intellectual Property [2025] ZAGPPHC 650

Burton's Foods Ltd v Boxer Superstores (Pty) Ltd and Another (2023/124862)

Burton's Foods Ltd v Boxer Superstores (Pty) Ltd and Another (2023/124862) [2025] ZAGPPHC 650 (19 June 2025)

The High Court dismissed Burton’s Foods’ opposition to Boxer Superstores’ WHEELS DEVICE trade mark applications, finding no likely confusion with WAGON WHEELS.

  • Trade Mark Opposition
  • Likelihood Of Confusion
  • Dominant Feature Analysis
  • Composite Mark Rights
  • Trade-mark-opposition
  • Likelihood-of-confusion
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Intellectual Property [2025] ZACCP 2

Timrite (Pty) Ltd and Another v Vesper Projects (Pty) Ltd and Another (2023/063620)

Timrite (Pty) Ltd and Another v Vesper Projects (Pty) Ltd and Another (2023/063620) [2025] ZACCP 2 (12 June 2025)

The court found that the issues raised in the amendment application, specifically the objections of lack of fair basis and continuing invalidity, are intertwined with those in the pending declaration of non-infringement application. Determining the amendment application in isolation would risk rendering the pending proceedings irrelevant and could prejudice the parties. The court has discretion under section 51(9) of the Patents Act to manage the proceedings as it sees fit. Given the overlap and the fact that the parties' arguments and evidence are rooted in the same expert affidavit, the cou…

  • Patent Amendment
  • Fair Basis
  • Continuing Invalidity
  • Prior Art
  • Procedural Separation
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Civil Procedure [2025] ZAGPJHC 521

Mountain Reach Technologies v Mampudima Community Company and Another (061917/2025)

Mountain Reach Technologies v Mampudima Community Company and Another (061917/2025) [2025] ZAGPJHC 521 (2 June 2025)

The High Court struck an urgent application from the roll after finding no urgency to compel return of documents, delete copies, or restrain use of alleged intellectual property.

  • Urgent Interdict
  • Return Of Documents
  • Confidential Information
  • Costs Order
  • Urgent-application
  • Want-of-urgency
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Intellectual Property [2025] ZAGPPHC 514

Allcopy Publishers (Pty) Ltd and Others v Phillips (Leave to Appeal) (00001/2024)

Allcopy Publishers (Pty) Ltd and Others v Phillips (Leave to Appeal) (00001/2024) [2025] ZAGPPHC 514 (26 May 2025)

Leave to appeal was refused because the underlying compulsory licence would have expired before any appeal could be heard, and no practical effect would follow.

  • Compulsory Licence
  • Copyright Infringement
  • Self Help Doctrine
  • Retrospective Orders
  • Damages Claims
  • Copyright-compulsory-licence
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Intellectual Property [2025] ZAWCHC 214

Kodisang and Others v THK Gallery and Others (2025/066625)

Kodisang and Others v THK Gallery and Others (2025/066625) [2025] ZAWCHC 214 (21 May 2025)

The High Court granted an urgent interim interdict over an art exhibition titled “Your Beauty Is Our Concern,” finding passing off and misappropriation of the applicants’ earlier work.

  • Passing Off
  • Interim Interdict
  • Artistic Goodwill
  • Plagiarism
  • Misappropriation Of Creative Work
  • Passing-off
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.