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South Africa Case Law

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Intellectual Property [2025] ZACCP 1

Regents of the University of California and Others v Eurolab (Pty) Ltd and Others (2024-039643; 2023-108509)

Regents of the University of California and Others v Eurolab (Pty) Ltd and Others (2024-039643; 2023-108509) [2025] ZACCP 1 (25 February 2025)

Court
Court of the Commissioner of Patents
Case number
2024-039643; 2023-108509
Judge
Le Grange

The court found that section 27 of the Patents Act requires that the applicant must have already acquired the right to apply for the patent from the inventor prior to filing the application. The evidence showed that UC had not acquired such rights from all inventors at the relevant date, as assignments were either executed after the filing date or were not valid due to prior assignments to third parties (HHMI). The argument that an agreement to assign or an ongoing process of acquisition suffices was rejected, as the statutory language and regulatory requirements demand certainty and actual a…

Source excerpt

  • Patent Entitlement
  • Assignment Of Rights
  • Revocation Of Patent
  • Pharmaceutical Patents
  • Statutory Interpretation
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Intellectual Property [2024] ZACCP 1

Astellas Pharma Incorporated v Medpro Pharmaceutica (Pty) Ltd and Others (2023/021642)

Astellas Pharma Incorporated v Medpro Pharmaceutica (Pty) Ltd and Others (2023/021642) [2024] ZACCP 1 (26 June 2024)

Court
Court of the Commissioner of Patents
Case number
2023/021642
Judge
L.A. Retief

The court allowed Astellas to amend its mirabegron patent and stayed revocation proceedings, finding Cipla had not proved invalidity, delay, or prejudice.

  • Patent Amendment
  • Revocation Proceedings
  • Culpable Delay
  • Inventive Step
  • Pharmaceutical Patents
  • Patent-amendment
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Intellectual Property [2014] ZASCA 123

Pharma Dynamics (Proprietary) Limited v Bayer Pharma AG and Another (468/2013)

Pharma Dynamics (Proprietary) Limited v Bayer Pharma AG and Another (468/2013) [2014] ZASCA 123; [2014] 4 All SA 302 (SCA); 2014 BIP 69 (SCA) (19 September 2014)

Court
Supreme Court of Appeal
Case number
468/2013
Judges
Brand, Cachalia, Wallis, Mbha, Mathopo

The SCA held that Ruby infringed Bayer’s patent for drospirenone/ethinylestradiol, and rejected Pharma Dynamics’ attacks based on obviousness and divisional validity.

  • Patent Infringement
  • Inventive Step
  • Divisional Patent
  • Novelty
  • Pharmaceutical Patents
  • Patent-infringement
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Intellectual Property [2002] ZASCA 103

Aktiebolaget Hassle and Another v Triomed (Pty) Ltd (63/2002)

Aktiebolaget Hassle and Another v Triomed (Pty) Ltd (63/2002) [2002] ZASCA 103; [2002] 4 All SA 138 (SCA); 2003 (1) SA 155 (SCA) (12 September 2002)

Court
Supreme Court of Appeal
Case number
63/2002
Judges
Nugent, Hefer, Harms, Farlam, Navsa

The Supreme Court of Appeal held that a patent claim for an omeprazole preparation was to be read purposively, and that a single-compound subcoating could still infringe.

  • Patent Infringement
  • Purposive Construction
  • Pharmaceutical Patents
  • Claim Interpretation
  • Patent-infringement
  • Claim-interpretation
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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.