South Africa Case Law

Regents of the University of California and Others v Eurolab (Pty) Ltd and Others (2024-039643; 2023-108509)

Regents of the University of California and Others v Eurolab (Pty) Ltd and Others (2024-039643; 2023-108509) [2025] ZACCP 1 (25 February 2025)

Court

Court of the Commissioner of Patents

Case number

2024-039643; 2023-108509

Judge

Le Grange

The court found that section 27 of the Patents Act requires that the applicant must have already acquired the right to apply for the patent from the inventor prior to filing the application. The evidence showed that UC had not acquired such rights from all inventors at the relevant date, as assignments were either executed after the filing date or were not valid due to prior assignments to third parties (HHMI). The argument that an agreement to assign or an ongoing process of acquisition suffices was rejected, as the statutory language and regulatory requirements demand certainty and actual a…

Source excerpt

• Patent Entitlement
• Assignment Of Rights
• Revocation Of Patent
• Pharmaceutical Patents
• Statutory Interpretation

Tibco Software South Africa (Pty) Ltd v Techsoft International (Pty) Ltd and Another (2023/011485)

Tibco Software South Africa (Pty) Ltd v Techsoft International (Pty) Ltd and Another (2023/011485) [2025] ZAGPJHC 74 (3 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/011485

Judge

Manoim

High Court exception judgment in a software licensing damages claim, dismissing three objections, upholding one, and partially upholding another.

• Breach Of Contract
• Assignment Of Rights
• Quantification Of Damages
• Repudiation
• Rollover Contracts
• Exception Procedure

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023)

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023) [2024] ZAECMKHC 145 (17 December 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1260/2023

Judge

N Cengani-Mbakaza

The High Court dismissed Buffalo City’s exception, holding that Klaas Creative’s amended particulars of claim sufficiently pleaded breach of contract and unjustified enrichment.

• Exception To Pleadings
• Breach Of Contract
• Unjustified Enrichment
• Municipal Tender
• Assignment Of Rights
• Exception-to-pleadings

Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021)

Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021) [2023] ZAGPJHC 1014 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

57565/2021

Judge

Wepener

The High Court dismissed Evrigard’s claims for passing off and copyright infringement over respirator packaging, striking inadmissible hearsay and finding no proven originality or reputation.

• Copyright Infringement
• Passing Off
• Assignment Of Rights
• Originality Requirement
• Copyright-infringement
• Passing-off

Ringopro (Pty) Limited v Winter Castle Trading 44 (Pty) Limited and Others (698/2016)

Ringopro (Pty) Limited v Winter Castle Trading 44 (Pty) Limited and Others (698/2016) [2021] ZANWHC 3 (9 March 2021)

Court

North West High Court, Mafikeng

Case number

698/2016

Judge

R D Hendricks

High Court held an aircraft lease with Winter Castle was valid, rejected defences based on AOC issues, and granted damages, interest, and punitive costs.

• Lease Agreement
• Suretyship
• Contract Validity
• Assignment Of Rights
• Damages For Breach
• Interest On Foreign Currency

Khusela Solutions (Pty) Ltd v Derick Knoll Telecoms (Pty) Ltd (45829/18)

Khusela Solutions (Pty) Ltd v Derick Knoll Telecoms (Pty) Ltd (45829/18) [2019] ZAGPPHC 949 (13 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

45829/18

Judge

VM Movshovich

The High Court dismissed an exception to a plea in a VAT dispute, holding that a factual denial of supply could still found a defence.

• Value Added Tax Act
• Exception Procedure
• Credit Note Issuance
• Assignment Of Rights
• Output Vat Liability
• Exception-procedure

Rentworks Africa (Pty) Limited v Minister of Executive Committee, Department of Infrastructure Development, Gauteng Provincial Government (12/38522)

Rentworks Africa (Pty) Limited v Minister of Executive Committee, Department of Infrastructure Development, Gauteng Provincial Government (12/38522) [2017] ZAGPPHC 795 (3 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

12/38522

Judge

G Rautenbach

The court held that the exceptions raised by the defendant do not render the plaintiff's amended declaration excipiable. The question of whether the Department of Infrastructure Development assumed liability for the rental agreement following the disestablishment of the Department of Public Transport, Roads and Works is a matter that can be addressed by evidence at trial. The existence of Clause 24.2 does not preclude the plaintiff from waiving the requirement for prior written consent, and the operation of the Public Service Act 1994 effected the substitution of departments. The court found…

Source excerpt

• Exception Procedure
• Assignment Of Rights
• Public Service Act Liability

Heald v Combined Artists (50872/14)

Heald v Combined Artists (50872/14) [2015] ZAGPPHC 598 (28 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

50872/14

Judge

Hiemstra

The High Court dismissed an exception to amended particulars of claim in a copyright dispute, holding the pleading was clear enough and disclosed a cause of action.

• Copyright Infringement
• Assignment Of Rights
• Pleading Vagueness
• Damages Quantification
• Copyright-infringement
• Assignment-of-rights

Heald v Combined Artists (50872/14)

Heald v Combined Artists (50872/14) [2015] ZAGPPHC 852 (15 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

50872/14

Judge

Hiemstra

The High Court dismissed an exception to amended particulars of claim in a copyright dispute, holding the pleading was clear and disclosed a cause of action.

• Copyright Infringement
• Assignment Of Rights
• Pleading Vagueness
• Damages Quantification
• Copyright-infringement
• Assignment-of-rights

Dovelight Trading 17 (Pty) Ltd T/A Auto Mate Service Centre v Scyton Autocc Formely Auto Mate Fourways and Others (2013/39121)

Dovelight Trading 17 (Pty) Ltd T/A Auto Mate Service Centre v Scyton Autocc Formely Auto Mate Fourways and Others (2013/39121) [2014] ZAGPJHC 206 (21 May 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/39121

Judge

Nicholls

The High Court enforced a franchise restraint of trade against the second respondent, finding the restraint survived non-fulfilment of a suspensive condition.

• Restraint Of Trade
• Franchise Agreements
• Assignment Of Rights
• Contractual Interpretation
• Restraint-of-trade
• Franchise-agreements