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South Africa decisions
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Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2025] ZAWCHC 292 (14 July 2025)
The High Court ordered the respondents to pay party-and-party costs after the merits were settled, finding their abandonment of the plant justified a costs award.
ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022) [2025] ZAWCHC 281 (9 July 2025)
The court found that the applicant failed to demonstrate any necessity or urgency for repeated preservation relief, as the Anton Pillar order of 25 July 2023 already secured the preservation of the seized information and documentation in the custody of the Sheriff. No evidence of threat or interference was presented. Regarding the request to use the seized material for criminal complaints, the court held that the SAPS has sufficient statutory mechanisms to obtain evidence for criminal investigations, and it is not the role of the civil court to dictate or facilitate the use of such material i…
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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.
Phillips v Allcopy Publishers (Pty) Ltd and Others (2023/114791) [2024] ZAGPJHC 1131 (1 November 2024)
The court found that the existence of the remedy of a compulsory license under the Copyright Act rendered the matter exceptional, justifying a stay of proceedings. The Tribunal has the power to override the wishes of a copyright owner and grant a license if refusal is unreasonable. The applicant failed to assert or establish the absence of an adequate alternative remedy, as damages or royalties were available. The interests of educational authorities and learners, who would be affected by the relief sought, were also relevant. The court concluded that the main application should be stayed pen…
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Servsol Software Solutions CC and Others v Emisha Software (Pty) Ltd (Leave to Appeal) (2023/069011) [2024] ZAGPPHC 950 (18 September 2024)
The court found that the applicants failed to demonstrate reasonable prospects of success on appeal as required by section 17(1) of the Superior Courts Act. The applicants conceded that the IGS program is dormant and not in use, rendering the dispute moot and lacking practical effect. The interdict granted in the main judgment was legitimate and necessary to prevent future interference with the IGS program. The arguments regarding the Plascon Evans rule, jurisdiction, and consideration of abandoned prayers were fully addressed in the main judgment and did not establish any material misdirecti…
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Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others (2021/40976) [2024] ZAGPPHC 857 (26 August 2024)
The court compelled discovery of software and source code in a copyright dispute, holding the requested materials relevant to the pleaded issues, subject to confidentiality.
My-China Discount Store (Pty) Ltd v Mosese and Others (076084/2023) [2024] ZAGPPHC 756 (24 July 2024)
The High Court set aside a Counterfeit Goods Act search-and-seizure warrant because the complaint affidavit did not support the trademark and copyright rights listed in the warrant.
Bata Brands SA v Rexview Investments (Pty) Ltd and Others (55598/2020) [2024] ZAGPPHC 721 (15 June 2024)
The High Court dismissed an exception to amended particulars of claim in a trademark and copyright dispute, finding sufficient facts pleaded against the second defendant.
Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 (6 June 2024)
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…
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Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2024] ZAWCHC 2 (2 January 2024)
The court held that although it has the power to vary the procedural process set out in paragraph 24.5 of the 2015 Order, it should not do so in this case due to the Respondents' history of dishonest and contemptuous conduct. The Respondents' mere intention not to use the inspected production facility is insufficient to protect the Applicants' rights, especially given the lack of an unequivocal undertaking or interdict. The Applicants are entitled to a judicial determination of the legality of the inspected facility under paragraph 24.5. The expert dispute should be resolved separately from t…
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