
Biotech Laboratories (Pty) Ltd v Beecham Group PLC and another [2002] 3 All SA 652 (SCA)
Case Law- Info
- 1Connections
- Case Outcome
- Affirmed Lower Court
- Dismissed
- Case Status
- Closed
- Keywords
- Intellectual property
- Case Number
- 494/2000
- Decision date
- Mar 25, 2002
- Country
- Judicial Body
- Appellate Court
- Court Name
- Transvaal Provincial Division
- Collection
- CIPIT
- Case Summary
The Appellant was accused of having copied a package insert for a generic drug (called Augmentin) that is manufactured. The Respondents manufactured the original drug, and it was a common cause that the Appellant'spackage insert for the generic version was a plagiarism of that of the Respondents. The Appellant's defence was that the Respondents had not proved that the package insert was original and that if it was, then copyright there invested in the State in terms of section 5(2) of the Copyright Act 98 of 1978 ("the Act"). Swart J in the court a quo found that the insert was an original work and interdicted the Appellant from infringing the copyright. This appeal with his leave. The copyright in the insert clearly vested in the Respondents. The appeal was dismissed with costs.
- Date Updated
- Nov 26, 2019