South Africa Case Law

Audiosport International (Pty) Ltd v Registrar of Patents and Others (87/1978)

Audiosport International (Pty) Ltd v Registrar of Patents and Others (87/1978) [2010] ZACCP 7; 2010 BIP 86 (CP) (17 June 2010)

Court

Court of the Commissioner of Patents

Case number

87/1978

Judge

B R Southwood

The court held that the Patents Act does not provide, expressly or by implication, that a patent ceases to have legal force or effect upon expiry of its term. The Act allows a patentee to apply for amendment 'at any time,' and this is not restricted to the duration of the patent. The court found that after expiry, the patent remains capable of supporting claims for damages for infringement and is subject to revocation and amendment proceedings. The patentee retains locus standi to apply for amendment, as the register continues to record the patentee's name. The respondents' reliance on a sing…

Source excerpt

• Patent Amendment
• Expired Patent
• Locus Standi
• Revocation
• Damages For Infringement

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000)

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000) [2002] ZAWCHC 18; [2002] 3 All SA 624 (C); 2002 (4) SA 756 (C) (22 April 2002)

Court

Western Cape High Court, Cape Town

Case number

554/2000

Judge

Desai

The High Court held that Keith Kirsten's had a valid Plant Breeders' Right in Canna Phasion, found infringement by Weltevrede Nursery, and awarded statutory damages and costs.

• Plant Breeders Rights
• Breeder Definition
• Statutory Compliance
• Damages For Infringement
• Publication Requirements
• Plant-breeders-rights