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South Africa Case Law

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Intellectual Property [2020] ZAGPJHC 418

Peta Attorneys v Provision Research and Events CC and Another (2019/40177)

Peta Attorneys v Provision Research and Events CC and Another (2019/40177) [2020] ZAGPJHC 418 (23 December 2020)

Court
South Gauteng High Court, Johannesburg
Case number
2019/40177
Judge
Windell

The court found that the applicant's training outline was not a mere reproduction of government regulations but included additional subjects and reflected the skill, knowledge, and expertise of Ms Peta. The outline was used by the respondents in their marketing material, demonstrating its value and originality. The applicant provided sufficient evidence of the labour and skill expended in creating the work. The court held that the training outline constituted an original literary work within the meaning of the Copyright Act and that all requirements for a final interdict were met. The respond…

Source excerpt

  • Copyright Infringement
  • Originality Requirement
  • Final Interdict
  • Literary Work Definition
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Intellectual Property [1994] ZASCA 135

Waylite Diary CC v First National Bank Ltd (663/1992)

Waylite Diary CC v First National Bank Ltd (663/1992) [1994] ZASCA 135; 1995 (1) SA 645 (AD); [1995] 1 All SA 451 (A) (27 September 1994)

Court
Supreme Court of Appeal
Case number
663/1992
Judges
Harms, Corbett, Smalberger, Kumleben, Nienaber

The Supreme Court of Appeal held that the appointment pages of the field diary did not constitute artistic or literary works as defined in the Copyright Act. The layout, lines, and arrangement of days and calendar information were found to be commonplace and dictated by functional requirements, lacking the necessary originality and substance for copyright protection. The court rejected the argument that the pages were drawings or charts, and found that the arrangement did not amount to a compilation deserving copyright. English case law was considered persuasive, supporting the conclusion tha…

Source excerpt

  • Copyright Subsistence
  • Artistic Work Definition
  • Literary Work Definition
  • Originality Requirement
  • Compilation Copyright
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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.