South Africa Case Law

Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011)

Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 (6 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/069011

Judge

Ntlama-Makhanya

The court found that the applicant exercised control over the creation of the IGS computer program and was its first author, making it the exclusive copyright owner under the Copyright Act. The first respondent failed to establish co-ownership, as there was no formal agreement or evidence of joint authorship. The applicant demonstrated a clear right to the program and the risk of infringement, satisfying the requirements for an interdict. The relief sought for an audit of the respondents' systems and damages was not justified, as an interdict suffices to prevent further infringement. The urge…

Source excerpt

• Copyright Infringement
• Computer Programs
• Originality
• Ownership Of Software
• Interdict
• Urgent Application

Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021)

Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021) [2023] ZAGPJHC 1014 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

57565/2021

Judge

Wepener

The High Court dismissed Evrigard’s claims for passing off and copyright infringement over respirator packaging, striking inadmissible hearsay and finding no proven originality or reputation.

• Copyright Infringement
• Passing Off
• Assignment Of Rights
• Originality Requirement
• Copyright-infringement
• Passing-off

Heald v Combined Artists CC (68766/2012)

Heald v Combined Artists CC (68766/2012) [2014] ZAGPPHC 439; 2013 BIP 353 (GNP) (24 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

68766/2012

Judge

Prinsloo

The court dismissed an exception to a copyright-infringement claim, holding that the particulars of claim disclosed a cause of action and the dispute required evidence at trial.

• Copyright Infringement
• Pleading Requirements
• Exception To Pleading
• Originality
• Adaption And Reproduction
• Copyright-infringement

Golden China TV Game Centre and Others v Nintendo Co Ltd (55/94)

Golden China TV Game Centre and Others v Nintendo Co Ltd (55/94) [1996] ZASCA 103; 1997 (1) SA 405 (SCA); [1996] 4 All SA 667 (A); (25 September 1996)

Court

Supreme Court of Appeal

Case number

55/94

Judges

Corbett, EM Grosskopf, Harms, Schutz, Plewman

The Supreme Court of Appeal held that video games fall within the definition of 'cinematograph films' under the Copyright Act 98 of 1978. The court reasoned that the statutory definition is intentionally broad, designed to cover future technological developments. The fixation of the sequence of images in ROMs satisfies the requirement for copyright protection, and the sequence need not be invariable. The exclusion of computer programs from the definition does not apply to video games as audiovisual works. The court found that Nintendo had established authorship, originality, and qualification…

Source excerpt

• Copyright In Video Games
• Cinematograph Films Definition
• Fixation Requirement
• Originality
• Computer Program Exclusion