Which persons have standing to assert IPRs?
Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994):
- owners of copyright (section 30 {1});
- exclusive licensees or sublicensees (section 31 {1});
- author of work (in respect of moral rights, if he or she is not also the copyright owner) (section 25 {2});
- performers (section 47{1}).
Trade Marks in South West Africa Act, 1973 (Act No. 48 of 1973):
- Proprietor and registered user of a trademark (section 45).
Patents Act, 1978 (Act No. 57. Of 1978):
Right holders and right users (section 65):
- patentee (right holder);
- exclusive licensee or sublicensee (right user).
How may they be represented?
At all levels of the court system persons with standing to assert intellectual property rights may be represented by legal practitioners (as defined in Legal Practitioners Act, 1995 (Act No. of 1995) or present their case personally (Article 12 of Constitution).
Are there requirements for mandatory personal appearances before the court by the right holder?
Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994): This Act does not contain any provision in this regard.
Trademarks in South West Africa Act, 1973 (Act No. 48 of 1973): This Act does not contain any provision in this regard.
Patents Act, 1978 (Act No. 57 of 1978): This Act does not contain any provision in this regard.
In absence of specific provisions in the relevant laws, court rules will apply:
- High Court Rule 38 (2): If the right holder is to give testimony as a witness, then the following applies: A witness must be examined orally (so that he or she may be cross-examined), but the court may for sufficient reason order that all or any part of the evidence to be adduced at a trial be given on affidavit (unless the witness concerned is reasonably required for cross-examination by the other party)
- High Court Rule 38 (3)-(8): Evidence may be taken by a commissioner of the court in the presence of all parties before or during the trial, which evidence is to be used in the trial.
Interrogatories
Rule 6(1): motion proceedings in reapplication for interim orders (Provisional measures), affidavits may be used instead of oral evidence, unless court orders otherwise (rule 6/5/g).