Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Medidas provisionales

31. Articles 50.3 and 50.8 require that judicial and administrative authorities be authorized to provide a security or equivalent assurance to protect the defendant. With respect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement, please cite the legal authority establishing a security or equivalent assurance.

Safeguards to protect the legitimate interests of the defendant in such situations include the generally applied requirement that an applicant for interim relief furnish security for costs and/or damages. Furthermore, in the case of proceedings in terms of Section 11 of the Counterfeit Goods Act, 1997 (and the equivalent common law proceedings) a defendant (respondent) is entitled to anticipate the return day of any order granted by the Court on 24 hours notice to have the order set aside.