SOUTH AFRICA Trends and Developments
Trends and Developments Contributed by: At van Rooy, Ursula Baravalle and Stuart Miller KISCH IP KISCH IP has been a leader in intellectual prop- erty and commercial matters in South Africa and Africa for more than 150 years. The firm’s skilled partners, dedicated support staff and network of agents across Africa enable it to nav- igate various intellectual property requirements across the continent, including in the ARIPO, OAPI and UPOV regions. KISCH IP has offices in South Africa and the Jersey Channel Islands. KISCH also has a growing tax advisory team. In formulating patent litigation strategies, the firm
considers all litigation techniques available ac- cording to its clients’ particular circumstances, including the more extraordinary litigation tools such as urgent proceedings and Anton Piller or- ders. Additionally, the firm is competent in en- forcing and quantifying damages orders. KISCH IP is also the only firm (with At van Rooy acting) to have represented clients in two patent mat- ters in the Constitutional Court of South Africa (the highest court): Merial (Case CCT 212/18) and Bayer (Case CCT 237/21).
Authors
At van Rooy is board chair and a director in the litigation department. At has more than 30 years’ experience in specialist intellectual property law litigation and has
Ursula Baravalle is head of the patent department of KISCH IP. She has more than 20 years’ experience in the drafting and prosecution of local and international patent applications
successfully represented a wide range of international clients in patent and copyright litigation, up to the Supreme Court of Appeal and the Constitutional Court of South Africa. He has extensive experience in patent, design and copyright litigation, plant breeders’ rights and GMO litigation, Anton Piller-type proceedings, pharmaceutical, agrochemical and veterinary product liability litigation and patent filing and prosecution. His technical expertise includes life sciences, pharmaceuticals, veterinary sciences, agrochemicals, medical sciences, chemistry, biotech, plant breeders’ rights, product liability, copyright litigation, IP licensing contracts and registered designs.
filed in the chemical, petrochemical, pharmaceutical, microbiological and biochemical fields. She assists a leading petrochemical company with the drafting and prosecution of their local and international Fischer Tropsch patent portfolios and oligomerisation, tetramerisation and trimerisation patent portfolios. Ursula assists with the drafting of patent validity, infringement and patentability opinions, including on the validity and infringement of design registrations. Her experience encompasses methods for treatment claims, Swiss-type claims and second medical use claims and the allowability of these claims in South Africa.
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