Intellectual Property Disputes

IPACSA arbitrations will relate exclusively to civil intellectual property disputes between parties to the arbitration.

“Intellectual property disputes” comprise the following:

  • disputes arising under the Patents Act 1978 including infringement of the claims of any South African patent and invalidity of such a patent;
  • disputes arising under the Trade Marks Act 1993 including claims for infringement of any trade mark registered under the Trade Marks Act and claims that a registered trade mark is not validly registered under the Act;
  • disputes arising under the Designs Act 1993 including infringement of any registered design and any claim or claims that a registered design is not validly registered;
  • disputes arising under the Copyright Act 1978;
  • disputes arising under the Plant Breeder’s Act, 15 of 1976;
  • civil aspects of the Counterfeit Goods Act 1997;
  • claims for passing off;
  • claims involving allegations of unlawful competition;
  • claims arising in respect of contracts which include provisions regarding intellectual property including restraints against use of intellectual property and provisions regarding the licensing of intellectual property.