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South Africa Case Law

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Intellectual Property [2010] ZASCA 96

Gallo Africa Ltd and Others v Sting Music (Pty) Ltd and Others (40/2010)

Gallo Africa Ltd and Others v Sting Music (Pty) Ltd and Others (40/2010) [2010] ZASCA 96; 2010 (6) SA 329 (SCA); [2011] 1 All SA 449 (SCA); 2010 BIP 256 (SCA) (3 September 2010)

Court
Supreme Court of Appeal
Case number
40/2010
Judges
Harms, Nugent, Lewis, Ponnan, Cachalia

South African courts do not have jurisdiction to adjudicate claims for infringement of foreign copyright, as copyright is an immovable intangible right subject to the territorial principle. The forum rei sitae, i.e., the court of the country where the copyright subsists, has exclusive jurisdiction over such claims. The fact that the defendant is an incola or domiciled in South Africa is irrelevant to jurisdiction over foreign copyright. Section 19(1)(a) of the Supreme Court Act does not extend jurisdiction to foreign copyright claims, and the Berne Convention does not alter this position. The…

Source excerpt

  • Jurisdiction Of High Courts
  • Territorial Nature Of Copyright
  • Forum Rei Sitae
  • Berne Convention
  • Foreign Law In Sa Courts
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Intellectual Property [1994] ZASCA 141

Appleton and Another v Harnischfeger Corporation and Another (495/92)

Appleton and Another v Harnischfeger Corporation and Another (495/92) [1994] ZASCA 141; 1995 (2) SA 247 (AD); [1995] 2 All SA 693 (A) (30 September 1994)

Court
Supreme Court of Appeal
Case number
495/92
Judges
Corbett, Van Heerden, Nestadt, Harms, Nicholas

The Supreme Court of Appeal held that the subsistence of copyright in the engineering drawings in question must be determined by reference to the Copyright Act 98 of 1978 and Notice 125 of 1990, which extended protection to American works without qualification. The repealed subordinate legislation, including Proclamation 118 of 1924, no longer governs the recognition of foreign works. The respondents were not required to prove compliance with United States law or formalities. The Court found that the drawings were original artistic works, as they were created by employees of Harnischfeger Cor…

Source excerpt

  • Copyright Infringement
  • Originality Requirement
  • Subsistence Of Copyright
  • Foreign Works Protection
  • Berne Convention
  • Statutory Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.