Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Medidas provisionales

28. Articles 50.2 and 50.8 require that judicial authorities and administrative bodies be authorized to grant provisional remedies when a delay is likely to cause "irreparable harm" to the right holder. Please describe briefly what is required by the authorities identified in answers to questions 25, 26 and 27 to establish "irreparable harm" to the right holder.

In South African law, a clear distinction is drawn between interlocutory and final interdicts/injunctions. The following requirements are generally accepted to apply in order to obtain an interlocutory or interim interdict: (a) a right that is prima facie established although open to some doubt; (b) a well-grounded apprehension of irreparable harm if the interlocutory relief is not granted and the ultimate relief is eventually granted; (c) the balance of convenience must favour the granting of interlocutory relief; and (d) the absence of any other satisfactory remedy. In intellectual property cases, the irreparable harm will generally be economic. The apprehension of irreparable harm must be objectively reasonable.