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South Africa Case Law

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Intellectual Property [2014] ZAGPJHC 33

National Soccer League T/A Premier Soccer League v Gidani (Pty) Ltd (10/48519)

National Soccer League T/A Premier Soccer League v Gidani (Pty) Ltd (10/48519) [2014] ZAGPJHC 33; [2014] 2 All SA 461 (GJ); 2014 BIP 426 (GJ) (28 February 2014)

Court
South Gauteng High Court, Johannesburg
Case number
10/48519
Judge
N F Kgomo

The court found that the plaintiff's annual and weekly soccer fixture lists are original literary works within the meaning of the Copyright Act, compiled through substantial skill, judgment, and labour, and thus eligible for copyright protection. The defendant reproduced and adapted substantial parts of these lists in its Sport Stake gambling game without licence or authority, constituting ongoing infringement. The defence of implied non-exclusive licence was abandoned, and the court rejected the argument that public dissemination or constitutional freedom of expression excused the defendant'…

Source excerpt

  • Copyright In Fixture Lists
  • Originality Requirement
  • Literary Works
  • Substantial Copying
  • Implied Licence
  • Constitutional Property Rights
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Intellectual Property [2012] ZAGPPHC 65

Board of Healthcare Funders v Discovery Health Medical Scheme and Others (35769/2010)

Board of Healthcare Funders v Discovery Health Medical Scheme and Others (35769/2010) [2012] ZAGPPHC 65 (15 May 2012)

Court
North Gauteng High Court, Pretoria
Case number
35769/2010
Judge
Kollapen

The court found that the applicant is the author and owner of copyright in the PCNS, having demonstrated originality through the skill, effort, and resources invested in its development over several decades. The PCNS is a compilation eligible for copyright protection, and assignment agreements further support the applicant's ownership. The respondents' continued use and reproduction of substantial parts of the PCNS after resigning as members constituted infringement. The court rejected the defences of State copyright, implied perpetual licence, and continued licence, finding no basis in law o…

Source excerpt

  • Copyright Infringement
  • Compilation Originality
  • Implied Licence
  • State Copyright
  • Reasonable Royalty
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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.