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

Appleton and Another v Harnischfeger Corporation and Another (495/92)

Appleton and Another v Harnischfeger Corporation and Another (495/92) [1994] ZASCA 141; 1995 (2) SA 247 (AD); [1995] 2 All SA 693 (A) (30 September 1994)

Court

Supreme Court of Appeal

Case number

495/92

Judges

Corbett, Van Heerden, Nestadt, Harms, Nicholas

The Supreme Court of Appeal held that the subsistence of copyright in the engineering drawings in question must be determined by reference to the Copyright Act 98 of 1978 and Notice 125 of 1990, which extended protection to American works without qualification. The repealed subordinate legislation, including Proclamation 118 of 1924, no longer governs the recognition of foreign works. The respondents were not required to prove compliance with United States law or formalities. The Court found that the drawings were original artistic works, as they were created by employees of Harnischfeger Cor…

Source excerpt

• Copyright Infringement
• Originality Requirement
• Subsistence Of Copyright
• Foreign Works Protection
• Berne Convention
• Statutory Interpretation