Intellectual Property (IP)
Litigation

We have extensive experience in litigation matters before the Commissioner of Patents, Trade Marks Tribunal, Companies Tribunal, Magistrates Court of South Africa, High Court of South Africa, Supreme Court of Appeal and Constitutional Court of South Africa, and the Registrar of Plant Breeders’ Rights.

In formulating an appropriate litigation strategy, we consider all litigation techniques available to its clients’ particular circumstances, including the more extraordinary litigation tools including urgent proceedings and Anton Piller orders. In addition to this, we are competent in enforcing and quantifying damages orders, with its attorneys being called on in a number of occasions to provide expert evidence in quantifying damages relating to matters of intellectual property.

We also manage intellectual property enforcement cases throughout Africa and the Middle East, having litigated and conducted enforcement actions in some 17 countries.

“

We also focus on related litigation matters surrounding the Plant Breeders’ Rights Act, the Plant Improvement Act, the Genetically Modified Organisms Act and the Agricultural Pests Act and have conducted numerous litigious cases in the past ten years, in South Africa and abroad.

“

  • Anton Piller – type search and attachment orders
  • Advising clients on the possibility of designing around third-party rights to avoid infringement.
  • Urgent applications for interim relief pending actions for final interdict and damages
  • Patent litigation, instituting and defending infringement proceedings, revocation and related litigious matters for clients.
  • Advising clients and preparing legal opinions on issues such as validity, amendment and infringement of client’s and third-party patents
  • Trade mark infringement proceedings
  • Trade mark cancellation / rectification proceedings
  • Trade mark oppositions
  • Contravention of licensing and franchising agreements
  • General matters of unlawful competition
  • Passing off proceedings
  • Registration of rights with Customs
  • Obtaining search and seizure warrants
  • Institution of, and defending, civil and criminal proceedings
  • Litigation in respect of all works of copyright including literary, artistic, computer programmes, musical, published editions, cinematograph films
  • Contravention of the Consumer Protection Act

    Contravention of the Liquor Products Act
  • Litigation before the ASA Directorate, Tribunal, Final Appeal Committee
  • We assist clients in both defending and enforcing rights in terms of domain name regulations
  • We also act as senior adjudicators, adjudicating domain name disputes