South Africa Case Law

Parry v Dunn-Blatch and Others (394/2022)

Parry v Dunn-Blatch and Others (394/2022) [2024] ZASCA 19 (28 February 2024)

Court

Supreme Court of Appeal

Case number

394/2022

Judges

Molemela, Saldulker, Makgoka, Hughes, Mali

The Supreme Court of Appeal held that while section 163 of the Companies Act provides a remedy for oppressive or prejudicial conduct, the applicant failed to establish on the facts that the conduct of the respondents fell within the scope of section 163. The licence agreement between TRADSA and ITRISA was silent on compensation, and the evidence did not unequivocally demonstrate a common intention to require royalties. The applicant voluntarily signed the agreement without a compensation clause and cannot now claim oppression or unfair prejudice based on its absence. The court found that fact…

Source excerpt

• Oppressive Conduct
• Locus Standi
• Copyright Assignment
• Companies Act Section 163
• Shareholder Remedies
• Royalty Disputes

Homechoice v Lewis Stores (Pty) Limited (17166/2018)

Homechoice v Lewis Stores (Pty) Limited (17166/2018) [2019] ZAWCHC 189; 2022 BIP 506 (WCC) (25 March 2019)

Court

Western Cape High Court, Cape Town

Case number

17166/2018

Judge

Baartman

The court found that the respondent's affidavits and copyright assignment agreements, except for Prajapati's affidavit, were not properly authenticated in accordance with Rule 63 and could not be used as evidence in South African courts. The respondent failed to provide sufficient explanation or evidence to supplement non-compliance with the authentication requirements. The applicant was entitled to have the impugned documents struck out as irregular steps under Rules 30 and 30A, and the respondent was afforded an opportunity to deliver properly authenticated documents within 30 days. Regardi…

Source excerpt

• Authentication Of Documents
• Copyright Assignment
• Motion Proceedings Discovery
• Striking Out Irregular Steps
• Commissioners Of Oaths

GR5 Degreaser Trading CC v Enterprise Development Solutions Projects (Pty) Ltd and Others (39959/2014)

GR5 Degreaser Trading CC v Enterprise Development Solutions Projects (Pty) Ltd and Others (39959/2014) [2016] ZAGPJHC 67 (18 March 2016)

Court

South Gauteng High Court, Johannesburg

Case number

39959/2014

Judge

Satchwell

The High Court dismissed an application to join Jacques Kichenbrand as a fourth defendant in a copyright and trade mark dispute over the GR5 logo.

• Joinder Of Parties
• Copyright Assignment
• Trade Mark Infringement
• Discovery And Evidence
• Joinder-of-parties
• Copyright-assignment

Frank & Hirsch (Pty) Ltd. v A Roopanand Brothers (Pty) Ltd. (580/91)

Frank & Hirsch (Pty) Ltd. v A Roopanand Brothers (Pty) Ltd. (580/91) [1993] ZASCA 90; 1993 (4) SA 279 (AD); [1993] 2 All SA 521 (A) (2 June 1993)

Court

Supreme Court of Appeal

Case number

580/91

Judges

Corbett, Botha, Goldstone, Nicholas, Harms

The court held that the cassette wrapper and first insert were copyright-protected artistic works, and that parallel importation infringed the assigned copyright.

• Copyright Assignment
• Parallel Importation
• Artistic Work Protection
• Secondary Infringement
• Copyright-assignment
• Parallel-importation