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Intellectual Property [2020] ZAGPPHC 343

Merial and Others v Cipla Vet (Pty) Ltd (A122/2018)

Merial and Others v Cipla Vet (Pty) Ltd (A122/2018) [2020] ZAGPPHC 343; 2021 BIP 7 (GP) (28 July 2020)

The High Court found that the order made by Murphy J regarding wasted costs was ambiguous when read in the context of paragraph 96 of the judgment, which recognized the complexity of the matter and justified the use of two counsel and expert witnesses. The court held that the intention was for the wasted costs to include the costs of two counsel and the qualifying fees of expert witnesses. The delay in bringing the application was not unreasonable given the procedural history and the respondent's conduct. The appeal was upheld, and the order was clarified to include the costs of two counsel a…

  • Patent Infringement
  • Costs Orders
  • Interpretation Of Court Orders
  • Rule 42 Applications
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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.