Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
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.
Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024) [2025] ZAGPPHC 209; 2025 (4) SA 523 (GP) (7 March 2025)
The Tribunal found that the applicants had established the requirements under section 33(3) of the Copyright Act: they require a licence, the copyright holder refused to grant it, and the circumstances make the refusal unreasonable. The Tribunal held that the refusal by the respondent was an abuse of monopoly rights and that the applicants' claim was well-founded. The ongoing demand from schools, the inability of schools to replace textbooks annually, and the history of collaboration and joint authorship all supported the applicants' entitlement to a compulsory licence. The Tribunal declared…
Source excerpt
Syntheta (Pty) Ltd previously Delta G Scientific (Pty) Ltd v Janssen Pharmaceutica NV and Another (449/96) [1998] ZASCA 74; 1999 (1) SA 85 (SCA); [1998] 4 All SA 445 (A) (21 September 1998)
The SCA refused a compulsory patent licence, holding that the applicant failed to prove patent abuse, non-working, or that its proposed royalty was reasonable.
Explore more
