Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

12. Article 42 also requires that parties to intellectual property enforcement proceedings must be able to be represented by counsel and must not be subject to overly burdensome requirements to appear personally. Please describe any limitations under South Africa’s laws on the ability of a party in such a proceeding to be represented by independent legal counsel and any requirements imposed on the party to appear personally in a proceeding. Please cite the legal authorities providing such limitations and imposing such requirements.

Parties may personally represent themselves in the High Court or may be represented by an attorney (having the right of appearance) or an advocate of the High Court of South Africa. There is no requirement for mandatory personal appearance. If the right holder needs to give essential evidence in a trial action, a personal appearance in that sense is necessary. See also: Section 19(3) Patents Act No. 57 of 1978; Section 13 Designs Act No. 195 of 1993.