South Africa Case Law

International Fruit Genetics, LLC v Okran 28 (Pty) Ltd and Another (9963/2018)

International Fruit Genetics, LLC v Okran 28 (Pty) Ltd and Another (9963/2018) [2019] ZAWCHC 37 (29 March 2019)

Court

Western Cape High Court, Cape Town

Case number

9963/2018

Judge

J Cloete

The High Court recognised and enforced a California default judgment requiring South African grape growers to destroy IFG plant material below the graft.

• Recognition Of Foreign Judgments
• Licensing Agreements
• Enforcement Of Intellectual Property Rights
• Breach Of Contract
• Recognition-of-foreign-judgments
• Enforcement-of-foreign-judgments

National Commissioner Of The South African Police Services and Another v Forensic Data Analysts (Pty) Ltd and Another (24570/2018)

National Commissioner Of The South African Police Services and Another v Forensic Data Analysts (Pty) Ltd and Another (24570/2018) [2019] ZAGPPHC 6; 2019 BIP 215 (GP) (30 January 2019)

Court

North Gauteng High Court, Pretoria

Case number

24570/2018

Judge

Swanepoel AJ

The court found that FDA is the author and copyright holder of the FPS system, as there was no evidence that SAPS exercised the requisite direction or control over the creation of the software to vest copyright in the State under section 5(2) of the Copyright Act. The Waymark agreement did not confer a perpetual licence on SAPS, and the 2016 SITA/FDA agreement only entitled SAPS and SITA to use the FPS system while the licence was valid. Upon expiry, SAPS and SITA were obliged to cease use and return all copies of the software to FDA. The continued use of the FPS system by SAPS and SITA witho…

Source excerpt

• Software Copyright
• Licensing Agreements
• Final Interdict
• Contractual Obligations
• State Procurement
• Copyright Act Section 5

Pexmart CC and Others v H. Mocke Construction (Pty) Ltd and Another (159/2018)

Pexmart CC and Others v H. Mocke Construction (Pty) Ltd and Another (159/2018) [2018] ZASCA 175; [2019] 1 All SA 335 (SCA); 2019 (3) SA 117 (SCA); 2018 BIP 345 (SCA); [2018] 2 CPLR 440 (SCA) (3 December 2018)

Court

Supreme Court of Appeal

Case number

159/2018

Judges

Navsa, Lewis, Mocumie, Molemela, Makgoka

The SCA dismissed an unlawful competition appeal involving pipe-lining technology, holding that the appellants misused confidential know-how and trade secrets.

• Unlawful Competition
• Misuse Of Confidential Information
• Trade Secrets
• Reverse Engineering
• Licensing Agreements
• Unlawful-competition

Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd (A21/12)

Voor-Groenberg Nursery CC and Another v Colors Fruit South Africa (Pty) Ltd (A21/12) [2012] ZAWCHC 157 (23 August 2012)

Court

Western Cape High Court, Cape Town

Case number

A21/12

Judges

Griesel, Fortuin, Samela

The court found that Colors Fruit South Africa (Pty) Ltd did not discharge the onus of proving that ownership of the plant material had been transferred to it by AMC or Sheehan Genetics. The absence of a reservation of ownership clause in the sub-licence agreement did not, in itself, indicate an intention to transfer ownership. Neither the head licence nor the sub-licence dealt with the ownership of the physical plant material, and there was no evidence that Sheehan Genetics or AMC intended to transfer ownership to Colors. Industry norms, supported by expert evidence, indicate that ownership…

Source excerpt

• Plant Breeders Rights Act
• Ownership Transfer
• Licensing Agreements
• Rei Vindicatio
• Industry Norms
• Principal Agent Relationship

Pulkowski v South African Broadcasting Corporation Ltd and Another

Pulkowski v South African Broadcasting Corporation Ltd and Another [2008] ZAGPHC 440; 96/06/01 (1 August 2008)

Court

High Courts - Gauteng

Case number

7996/06

Judge

NP Willis

The court dismissed the plaintiff’s claim for mechanical royalties from Generations episodes, except as to the Seychelles, and allowed 21 days to amend.

• Copyright Infringement
• Mechanical Royalties
• Licensing Agreements
• Locus Standi
• Separation Of Issues
• Copyright-infringement