Copyright Litigation and Enforcement
Steps can also be taken against the importation, sale, rent or distribution of infringing copies where the person trading in the infringing copies is aware of the copyright infringement.
Copyright infringement cases are litigated in the High Court and the relief granted may include an interdict, delivery-up of infringing material as well as damages which include damages in the form of royalty claims. Such proceedings can be instituted either by way of application or by action.
The Intellectual Property Litigation Group at Adams & Adams will assist you with the following copyright enforcement matters:
- Application proceedings
- Action proceedings
- Interdicts - Royalty claims
Marking a copyright work with the internationally recognised copyright sign (©), does not only act as a deterrent, but also serves to give notice to a potential infringer of the impending act of copyright infringement.
Adding the name of the author and the year of creation or publication in the copyright notice – which is sometimes incorrectly referred to as copyright disclaimer – can also assist with some of the evidence requirements when it comes to proving your copyright.
Contact One of Our Copyright Litigation and Enforcement Law Professionals
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How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.