Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

21. Article 45.2 requires that judges and administrative officials be authorized to order payment of a right holder's expenses, including legal fees. Please describe the authority of the judges and administrative officials identified in question 1 to order payment of right holders’ expenses, the circumstances under which such an order will be given, the factors considered in establishing the expenses, and cite the legal authorities authorizing such payments.

The Courts have inherent power to grant an order as to costs in favour of the successful litigant such costs generally, being attorneys' fees and disbursements or expenses. These are invariably awarded, in terms of the Rules governing procedure in the Courts, to the successful litigant on a scale prescribed by tariff. In certain cases, to express its displeasure at the manner in which a litigant has conducted itself, the Court may award punitive legal costs on a higher scale.