Unión Europea

Sudáfrica

Control de las prácticas anticompetitivas en las licencias contractuales

8. In relation to the execution of an Anton Pillar order, please describe the safeguards provided to prevent, in line with Article 39.2 of the TRIPS Agreement, the person granted the order from obtaining confidential information not covered by the order.

The formulation of the order, and the execution of the order in Anton Piller proceedings are strictly controlled by the Courts in South Africa, specifically in view of avoiding possible abuse by applicants. The purpose of an Anton Piller proceeding in South Africa is to protect evidence, not to serve as a discovery tool. The order is usually formulated to permit a Sheriff to list and copy relevant documents, whereafter confidentiality can be imposed by a Court order obtained by the defendant, before the documentation is made available to the applicant. South African jurisprudence as applied by our Courts in fact enforces the necessary safeguards in the formulation and execution of an Anton Piller order, to maintain confidentiality of information.