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

Published Date: February 7, 2022


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

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