
IO Tech Manufacturing (Pty) Ltd and others v Gallagher Group Ltd and another [2014] 2 All SA 134 (SC
Case Law- Info
- 1Connections
- Case Outcome
- Dismissed
- Law or Action Overturned or Deemed Unconstitutional
- Other
- Reversed Lower Court
- Case Status
- Closed
- Keywords
- Intellectual property
- Case Number
- 872/12
- Decision date
- Nov 29, 2013
- Country
- Judicial Body
- Appellate Court
- Court Name
- Supreme Court of Appeal of South Africa
- Collection
- CIPIT
- Case Summary
he issues on appeal was whether the respondents proved direct infringement of the patent by the appellants. Section 45(1) of the Patents Act 57 of 1978 deals with the effect of a patent. The test for infringement under section 45(1) involves a twostage inquiry. Firstly, the claims must be properly construed, including the ascertainment of the essential integers, then the infringing article or process must be considered. To constitute infringement the article or process must take each and every one of the essential integers of at least one of the claims. If it does not, there is no infringement
- Date Updated
- Nov 20, 2019
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