Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

13. Under Article 42, parties are to be entitled to substantiate claims and present relevant evidence. Please describe any limitations under the law of South Africa on a party’s ability to substantiate a claim or to present relevant evidence and cite the legal authority providing such limitations.

There are no limitations as envisaged in this question in the field of intellectual property law. There are, however, certain protective provisions such as Section 67(3) of Patents Act No. 57 of 1978 providing that a person need not disclose secret process information, if it appears to the Commissioner that it would be unreasonable to do so, in cases of an alleged infringing product made by a process for obtaining a new product.