Thursday, 29 May 2008
SA: Trial or Motion proceedings?
Under SA law IP disputes can be decided by trial or motion proceedings. Motion proceedings are generally decided on the papers which makes for a speedier and less costly decision process when compared to trial proceedings, which typically involve cross examination of witnesses in court. In certain instances trial proceedings are unavoidable and this latest High Court case concerning a name dispute over Ziphi Nkomo illustrates circumstances when motion proceedings are transferred to trail proceedings because the factual disputes are real, relevant and material to the case and cannot be determined on the papers.