SOUTH AFRICA Law and Practice Contributed by: At van Rooy, Annelise Engelbreg, Ursula Baravalle and Stuart Miller, KISCH IP
tion to the foregoing. Remedies include Anton Piller-type orders, interim and final interdicts (injunctions), delivery up of the infringing item(s), damages (non-punitive) and reason- able royalties in lieu of damages. • Registered designs: The owner of this right may, during the term of the registered design, exclude others from making, importing, using or disposing of any article (or substantially similar article) included in the class in which the design is registered, so that the owner may enjoy the ensuing economic and other advantages. Licensees of the registered design may enjoy limited rights in relation to the foregoing. Remedies include Anton Piller-type orders, interdicts, delivery up of the infringing item(s), damages (non-punitive) and reasonable royalties in lieu of damages. • Plant breeders’ rights: In general, the owner of a plant breeders’ right may prevent oth- ers, without a licence, from multiplying, conditioning for the purpose of propagation, sale or any other form of marketing, export- ing, importing or stocking, for the foregoing purposes, material of the protected variety. Remedies include Anton Piller-type orders, interdicts and damages (non-punitive). Addi- tionally, the court may ensure that any order regarding the custody, surrender or disposal of any material (tangible or otherwise) is con- nected to the right. • Copyright: In addition to moral rights, copy- right exists but depends on the nature of the work enjoying protection. Remedies include Anton Piller-type orders, interdicts, delivery up of the infringing item(s), damages (non- punitive) and reasonable royalties in lieu of damages. The obligations afforded to the different intel- lectual property rights are as follows.
• Patents: Yearly renewal fees are required for the patent to remain valid but they may be paid upfront for the full term. The owner is obliged not to abuse the patent (ie, to sufficiently meet demand in the Republic, amongst other acts or omissions). There is also an obligation to disclose the patent num- ber when requested by an interested person to prevent erosion of certain rights afforded to the owner. • Registered designs: Yearly renewal fees are required for the patent to remain valid but they may be paid upfront for the full term. As with patents, the owner is obliged to not abuse the registered design. There is an obligation to disclose the registration number, when requested by an interested person, to prevent a reduction in the potential damages that may be awarded for infringement. • Plant breeders’ rights: The owner is obliged to pay yearly renewal fees. The owner may also not unreasonably refuse or impose unreasonable conditions on a licence for the right. Compulsory licences may be granted in such cases. • Copyright: There are no obligations in respect of fees payable or disclosing the copyright symbols or numbers upon works in the Republic. With regard to public listings of patents related to certain products or processes, these do not currently exist in South Africa. 1.6 Further Protection After Lapse of the Maximum Term There is no applicable information in this juris- diction.
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