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A granted South African national phase patent prevents others from making, importing, advertising and selling an infringing product / service within South Africa.

Infringement proceedings are instituted in the South African High Court (Pretoria). The South African legal system is efficient, and competent English‐speaking judges are appointed. You can expect to wait about a year for a court date. Ballpark cost: US$50,000.

Infringement relief includes:

  • Interdict against continuing infringement
  • Delivery‐up of infringing products for destruction
  • Damages (based on a reasonable royalty)

Since: you may typically only claim damages from the time the infringer became aware of your patent; and no punitive damages are available, infringement actions seldom extend to the award of damages.


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