South Africa Jurisdiction Reports: April 2013
The Supreme Court in South Africa has confirmed the balance to be taken between public interest and preliminary injunctions based on patent infringement, as Danie Dohmen explains.
Should “public interest” influence the grant of a preliminary injunction based on patent infringement? This is the question which the South African Supreme Court of Appeal (SCA) had to consider in 2012 during an appeal brought by the French Sanofi-Aventis group against the South African Cipla Group (the local distributor of Cipla India’s products). The successful appeal for the grant of an interim interdict (preliminary injunction) was brought by Sanofi in enforcing a formulation patent for the oncology drug, Taxotere®. The Treatment Action Campaign (TAC) intervened in the appeal as an amicus of the court and raised a concern relating to the possibility of a preliminary injunction being granted to prevent the supply of a life saving drug. Click here to read more
South Africa Jurisdictional Reports: February 2013
The country has seen a number of firsts in its courts as patent law there develops. Danie Dohmen, Alexis Apostolidis and Russell Bagnall from South African law firm Adams & Adams summarize the key cases from 2012.
During 2012 there were a number of judgments from the South African courts which developed patent law in the country. The most significant one being the judgment given by the South African Supreme Court of Appeal (SCA) in a successful appeal by the French Sanofi-Aventis group in enforcing a formulation patent for the oncology drug, Taxotere®, against the South African Cipla Group (the local distributor of Cipla India’s products). Click here to read more