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Tel: +27 21 526 2800
Fax: +27 86 660 6208 / +27 21 526 2801
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ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights are
enforced through the various
courts in South Africa. In the
case of patent matters, the
court of first instance is the
Court of the Commissioner of
Patents, a specialist court
having the same authority as a
single judge of the High Court.
In other intellectual property
matters, such as trademark and
registered design disputes, the
court of first instance is the
High Court.
An appeal against a decision of
the Court of the Commissioner of
Patents or the High Court can be
made to the full bench of the
High Court (a panel of three
judges instead of one), or to
the Supreme Court of Appeal in
Bloemfontein, the highest court
of appeal in all matters except
constitutional matters.
South African courts are
generally well disposed towards
intellectual property rights
holders and, in our experience,
are more likely to find for a
rights holder than against it.
Our team have extensive
experience in intellectual
property litigation, including
patent, trademark, registered
design and unlawful competition
matters and we urge you to
contact us with any specific
queries you may have.
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© 2010 - Von Seidels Intellectual Property Attorneys
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