Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

11. Article 42 requires that defendants be notified of judicial and administrative intellectual property enforcement proceedings brought against them. Please describe the procedures followed by each type of court and administrative body identified in question 1 for notifying defending parties regarding proceedings that have been initiated against them, indicate the information provided regarding the proceeding and cite the legal authorities establishing these procedures.

In the case of infringement proceedings, whether by way of application or action, the notice of motion or the combined summons has to be served on every respondent by the applicant/plaintiff. The Court has to be satisfied that proper service took place. Receipt of service is usually endorsed on the original notice of motion/summons under the signature of the respondent or his authorized agent.