Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Medidas provisionales

25. Articles 50.1 and 50.8 require that judicial and administrative authorities have the authority to order prompt and effective provisional remedies to prevent an infringement of any intellectual property right. With respect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement, please identify the provisional measures available to protect intellectual property rights. Please cite the relevant legal authority establishing those provisional remedies.

No administrative provisional measures nor administrative procedures on the merits are available in South Africa in cases of infringement of intellectual property rights. The following provisional judicial measures are available in respect of all intellectual property rights identified in Article 1.2 of the TRIPS Agreement: (a) the granting of urgent, interim, injunctive relief in cases of intellectual property rights infringement where urgency exists. The authority to grant such relief stems from the inherent powers of the High Court and the Court of the Commissioner of Patents; (b) the search for and attachment of evidence, pending institution of civil proceedings, to preserve such evidence relating to infringement of intellectual property rights. This may be granted on an ex parte basis as provided for by Section 11 of the Counterfeit Goods Act, 1997.19 Similarly, in terms of the common law and the inherent powers and jurisdiction of the Courts, similar relief may be granted; (c) discovery of documents and tape recordings before the close of pleadings on good cause shown with the leave of the Court.