South Africa Case Law

Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011)

Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 (6 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/069011

Judge

Ntlama-Makhanya

The court found that the applicant exercised control over the creation of the IGS computer program and was its first author, making it the exclusive copyright owner under the Copyright Act. The first respondent failed to establish co-ownership, as there was no formal agreement or evidence of joint authorship. The applicant demonstrated a clear right to the program and the risk of infringement, satisfying the requirements for an interdict. The relief sought for an audit of the respondents' systems and damages was not justified, as an interdict suffices to prevent further infringement. The urge…

Source excerpt

• Copyright Infringement
• Computer Programs
• Originality
• Ownership Of Software
• Interdict
• Urgent Application

King v South African Weather Services (716/07)

King v South African Weather Services (716/07) [2008] ZASCA 143; 2008 BIP 330 (SCA) ; 2009 (3) SA 13 (SCA) ; [2009] 2 All SA 31 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

716/07

Judges

Harms, Cloete, Cachalia, Leach, Griesel

The Supreme Court of Appeal held that copyright in the weather computer programs vested in the employer because they were created in the course of employment.

• Copyright Ownership
• Computer Programs
• Employment Contracts
• Work Made In Course Of Employment
• Copyright-ownership
• Computer-programs