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Litigation

Litigation


“Where there is a will, there is a law suit” – Addison Mizner

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 has 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.

Foreign agents can access a list of our Fees in South Africa here . Local clients are welcome to Contact Us  directly for an obligation free quote.

Please contact us for more information or an obligation free quote.

Phone: +27 (0) 11 513 3540
Fax: +27 (0) 11 513 3086
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South Africa
Patent
International Conventions, Treaties and Arrangements Paris Union, WIPO , PCT
National Phase Applications under the PCT 
  •  Name(s) and address(es) of applicant(s).   
  • Name(s) and address(es) of inventor(s).   
  • Number, date and country of the basic application if Paris Convention priority is to be claimed.
  • International application number and filing date
Examination The application is subjected to formal examination only.
Duration The term is twenty years from the date of filing.
Renewal Maintenance fees are payable annually as from the third anniversary of the filing date. A 6 months grace period is available.
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