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South Africa decisions
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Competition Commission v Wesgrow Potatoes (Pty) Ltd and Another (CR249Mar17/SA130Nov19) [2020] ZACT 3 (15 January 2020)
The Tribunal approved a settlement resolving complaints about exclusive agreements over the Mondial seed potato varietal and imposed compliance undertakings.
Sensako (Pty)Ltd v Registrar of Plant Breeders' Rights (5205/2014) [2016] ZAGPPHC 571 (12 May 2016)
The High Court dismissed an urgent application for access to records, a stay of plant breeders' rights proceedings, and recusal of the registrar.
Costa N.O and Others v Arvum Exports (Pty) Ltd and Others (A272/2014) [2016] ZAWCHC 95 (9 May 2016)
The majority held that Mr Costa had at least ostensible authority to bind the KBT to the PLA and SMA, based on the resolution signed by all trustees and the conduct of the parties. The resolution was of general import and had not been revoked, and the trustees' conduct allowed Mr Costa free reign over trust affairs. The agreements were implemented for several years, and the trust benefited from them. The purported cancellation of the agreements by the KBT was invalid, as there was no proven breach by the respondents and the KBT was in mora from May 2012. The respondents were entitled to enfor…
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Arvum Exports (Pty) Ltd and Others v Costa N.O. and Others (19206/12) [2013] ZAWCHC 188 (12 December 2013)
The High Court held that the trust was bound by agreements signed by its trustee, enforced the contracts, and granted interdicts protecting Flavor Fall rights.
Weltevrede Nursery (Pty) Ltd v Keith Kirsten’s (Pty) Ltd and Another (515/2002) [2003] ZASCA 136; [2004] 1 All SA 181 (SCA); 2004 (4) SA 110 (SCA); 2003 BIP 328 (SCA) (28 November 2003)
The Supreme Court of Appeal found that Keith Kirsten’s (Pty) Ltd was not entitled to the plant breeder’s right for Canna Phasion because it was neither the breeder nor the discoverer of the variety. The application contained material misrepresentations regarding the origin and novelty of the plant, and the registration process failed to comply with statutory requirements, including the absence of a proper description and incorrect issuance of the certificate. The evidence established that the variety was known in the horticultural community before the application date, defeating the novelty r…
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Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000) [2002] ZAWCHC 18; [2002] 3 All SA 624 (C); 2002 (4) SA 756 (C) (22 April 2002)
The High Court held that Keith Kirsten's had a valid Plant Breeders' Right in Canna Phasion, found infringement by Weltevrede Nursery, and awarded statutory damages and costs.
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