Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

14. Article 42 requires, with one narrow exception, that there be a means to identify and protect confidential information during judicial and administrative intellectual property enforcement proceedings. Please describe the means provided under the law of South Africa for parties to identify and have protected confidential information required to be presented in order to prove their claims and cite the legal authorities providing for such identification and protection.

The protection of confidential information brought forward as evidence may be ordered by the High Court or the Court and the Commissioner of Patents in terms of their inherent powers. The litigant wishing to protect such information may make application to the Court (if agreement with the opposing party is not possible) for appropriate directions. Experience indicates that the Courts are generally sympathetic to such approaches in appropriate circumstances. Section 67 of the Patents Act, 1978, also contains certain provisions regarding non-disclosure of secret processes.15