Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Medidas provisionales

30. Articles 50.3 and 50.8 require that judicial and administrative authorities be authorized to require an applicant to provide evidence to establish with a sufficient degree of certainty that the applicant is the right holder and that infringement has occurred or is imminent. With respect to each intellectual property right defined in Article 1.2 of the TRIPS Agreement, please describe the evidence required by right holders to establish ownership.

For temporary or interim injunctive relief, our courts require the applicant to make out a prima facie case, namely that a prima facie right must be shown to exist and that there is a prospect of success in the claim for principal relief even though such prospect may be considered to be weak. See Ferreira v Levin NO 1995 (2) SA 813 (W) at 832.