 |
 |
 |
| |
|
|
|
| |
A patent is only as good as the enforcement of protection available.
South Africa has a track record of Patent enforcement which extends back some 150 years or more...
|
|
| |
read more  |
|
|
|
|
| |
|
|
| |
A patent is only as good as the enforcement of protection available.
South Africa has a track record of Patent enforcement which extends back some 150 years or more.
Once it became a member of the British Empire, the Intellectual Property laws and their enforcement were influenced to a large extent by that of England. Insofar as the interpretation of patent specifications is concerned, our law is still developing from English law. English is the International language used and English law decisions remain persuasive in South Africa.
Today the laws of the country are affected largely by the requirements of a multi-racial population and the more widely acceptable norms of democracy. While there is still comparatively large scale poverty, there is also a fast growing affluent indigenous population.
South Africa is following the policy of International conformity in its approach to protection of Intellectual Property. In this regard we believe South Africa is one of, if not the most effective value for money countries.
Why?
- We have specialized professionals in Intellectual Property law and associated branches of the law.
- We have a reasonably efficient Patent Office which is non-examining. Thus the costs of taking an application through to grant are much reduced over those in an examining country. This makes PCT national phase applications particularly attractive as they give a clear indication of the strength of claims allowable in this country. Corresponding applications in countries having examination can be used to give an indication of amendments necessary for valid claims in South Africa. Our law provides for amendments restricting the scope of claims to be made at any time during the life of a patent (after grant, amendments must be advertised for opposition).
-
- Our legal system provides a Special Court for the hearing of patent matters. It is usually presided over by a Judge who has experience in such matters. Two appeals are available to higher courts and this ensures proper determination of the issues.
- Case law on issues such as interpretation, validity and infringement is well established as are the procedural phases.
- Damages are usually subject to a separate investigation order and later decision. Each case is decided on the facts with no predetermined maximum award. The successful patentee may choose to have his damages assessed on the basis of a reasonable royalty.
- The losing party is usually made to pay the costs of the winning party (normally only part of the costs of litigation are recoverable).
- There is no discernable pro- or anti-patent emphasis in the Judgements handed down, nor any political interference.
- Times to trial hearings and Judgments are reasonable.
- The economy of the country is presently sound and growing with a stable infrastructure.
- The country has large mineral wealth and highly developed mining and agricultural industries as well as a wide manufacturing infrastructure.
An evaluation was conducted by the leader of the Intellectual Property Department of a large multi-national organization to subjectively determine the countries which in his opinion afforded his company a “good, workable and realistic patent and enforcement system”. This showed South Africa rated about thirteenth in a list of over fifty countries. The same gentleman rated South Africa as that with the lowest cost of all these and more countries in which to obtain and maintain a patent throughout its life.
The full details of this patent country by country analysis can be seen at: http://www.wipo.int/pct/en/pct_strategies/filing.pdf |
|
|
|
