South Africa Case Law

Claasen and Another v TEC Novation Solution (Pty) Limited and Another (2017/40521)

Claasen and Another v TEC Novation Solution (Pty) Limited and Another (2017/40521) [2018] ZAGPPHC 16 (16 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

2017/40521

Judge

Mokose

The court dismissed a copyright interdict application because the applicants failed to identify the protected works, prove originality, or show infringement.

• Copyright Infringement
• Subsistence Of Copyright
• Ownership Of Copyright
• Identification Of Protected Work
• Interdict Requirements
• Copyright-infringement

Snap-On Africa (Pty) Ltd and Others v Joubert and Others (41993/2012C)

Snap-On Africa (Pty) Ltd and Others v Joubert and Others (41993/2012C) [2015] ZAGPPHC 821; 2016 BIP 301 (GP) (7 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

41993/2012C

Judge

Mabuse

The High Court held that the applicants proved copyright in software, database and manual for a wheel aligner, and granted interdicts and counterfeit-goods relief.

• Copyright Infringement
• Counterfeit Goods Act
• Originality Of Works
• Ownership Of Copyright
• Unlawful Competition
• Copyright-infringement

Biotech Laboratories (Pty) Ltd v Beecham Group Plc and Another (494/2000)

Biotech Laboratories (Pty) Ltd v Beecham Group Plc and Another (494/2000) [2002] ZASCA 11; 2002 (4) SA 249 (SCA); [2002] 3 All SA 652 (SCA) (25 March 2002)

Court

Supreme Court of Appeal

Case number

494/2000

Judges

Nienaber, Harms, Zulman, Navsa, Nugent

The Supreme Court of Appeal held that the package insert for Augmentin is an original literary work within the meaning of the Copyright Act, as it was compiled using skill and judgment by Smith-Kline Beecham's staff. The fact that the insert incorporated prior material and underwent amendments during the Medicines Control Council's approval process did not detract from its originality. The Court found that the MCC did not direct or control the creation of the insert, but merely approved its compliance with regulatory requirements. Therefore, copyright does not vest in the State under section…

Source excerpt

• Copyright Originality
• State Copyright
• Package Insert
• Compilation
• Ownership Of Copyright