South Africa – The Value of a Patent in South Africa (Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP
On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer.
In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in different countries and lengthy legal argument, Bayer was able to obtain an interim interdict within less than 4 months of the launch of generic pharmaceutical being sold by the Austel Pharmaceuticals under the brand name, Rezalto. This judgment confirms the value of a valid patent in South Africa and engenders confidence in the functioning of the South African intellectual property, legal and judicial systems.
Source: PDF attached; 20210520 Bayer v Austel – Commissioner of Patents Judgement ZA2007-06238 – 20 May 2021 – OCR
Key takeaways from Kenya’s new Intellectual Property Bill
The administration of intellectual property in Kenya is currently fragmented. The Kenya Industrial Property Institute (“KIPI”) administers patents, trade marks, utility models and industrial desig...
July 21 2026
Constitutional Court Delivers Landmark but Incomplete Copyright Ruling. Parliament Must Now Seize the Opportunity to Modernise South Africa’s Copyright Law for the AI Era
JOHANNESBURG — On 26 June 2026, the Constitutional Court of South Africa handed down its long-awaited judgment in Ex Parte President of the Republic of South Africa: In re Constitutionality of the C...
July 13 2026
Newsflash: First-Ever SEP Judgment in Africa – Moroccan Court Interdicts Transsion Smartphone Sales
The Casablanca Trade Court on 6 July 2026 handed down what appears to be Africa’s first standard essential patent (SEP) ruling, interdicting two Transsion Holdings subsidiaries, Tecno Mobile Lim...
July 09 2026