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South Africa Case Law

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Intellectual Property [1997] ZASCA 57

McKelvey and Others v Deton Engineering (Pty) Ltd and Another (657/95)

McKelvey and Others v Deton Engineering (Pty) Ltd and Another (657/95) [1997] ZASCA 57; 1998 (1) SA 374 (SCA); [1997] 3 All SA 569 (A); (28 May 1997)

Court
Supreme Court of Appeal
Case number
657/95
Judges
E M Grosskopf, Nienaber, Harms, Schutz, Plewman

The Supreme Court of Appeal held that section 25(7) of the Patents Act adopts the whole contents approach, invalidating several Deton patent claims for lack of novelty.

  • Patent Novelty
  • Whole Contents Approach
  • Prior Claim Approach
  • Double Patenting
  • Priority Date
  • Patent Infringement
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Intellectual Property [1988] ZASCA 20

South African Druggists Ltd. v Beecham Group Plc. (497/86)

South African Druggists Ltd. v Beecham Group Plc. (497/86) [1988] ZASCA 20 (22 March 1988)

Court
Supreme Court of Appeal
Case number
497/86
Judges
Corbett, Hoexter, Smalberger, Nestadt, Nicholas

The court upheld an extension of Beecham’s 1969 patent for amoxycillin, finding lost exploitation time meant inadequate remuneration.

  • Patent Extension
  • Adequate Remuneration
  • Lost Time
  • Novelty
  • Double Patenting
  • Patent-law
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.