Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos y recursos civiles y administrativos
19. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or use by third parties authorized by the government, limiting the remedy for infringement to payment of adequate remuneration as provided in Article 31(h). Please describe any such limitations on remedies in the laws of South Africa and cite the legal authorities providing for those limitations.
The following provisions in South African intellectual property legislation are relevant to the subject-matter of this question: Patents Act No. 57 of 1978: - Section 4 Use by a Minister of State for public purposes (this Section has not to date been invoked). - Section 55 Compulsory licence in the case of a dependent patent (no record could be found of a successful application under this section). - Section 56 Compulsory licence in case of an abuse of patent rights (no record of successful application). - Section 78 The Minister (of Trade and Industry) may acquire an invention or a patent on behalf of the State (not yet invoked). - Section 79 The Minister of Defence may acquire, on behalf of the State, an invention or patent relating to armaments or defined in the Armaments Development and Production Act, 1968 (not yet invoked). - Section 15C of the Medicines and Related Substances Control Act 101 of 1965: the Minister of Health may determine that certain patent rights shall not apply to certain specified medicines (Act passed but not yet in force). Designs Act No. 195 of 1993: - Section 21 Compulsory licence in the case of an abuse of design rights (not yet invoked). Copyright Act No. 98 of 1978: - Section 45 The Minister (of Trade and Industry) may make regulations to prohibit or authorize the circulation, presentation or exhibition of certain works (not yet invoked). - Section 45A The Minister may make regulations regarding the reproduction or adaptation of certain artistic works (this section is not yet in operation).