Wednesday, 6 January 2010
Road rage - alcohol testing company not pleased
A business relationship between a British and South African company that tested an easy-to-use roadside alcohol test in SA has soured, with the UK partner going to court to protect its intellectual property. Trimega Laboratories, a British drug and alcohol testing firm will find out tomorrow whether an interim interdict preventing South African partner Ashley Uys from using intellectual property relating to the tests for Uys's own financial gain will be made final, according to this report in AllAfrica. Afro Leo would welcome more information about this case which appears to show the risks of technology transfer arrangements as well as the effectiveness (or perhaps not) of South African courts when asked to protect IP developed outside of RSA, in RSA. Afro Leo's own experience in these types of cases is that registering IP in RSA (if and where appropriate) can often provide an easier enforcement mechanism (than relying only on a contractual arrangement) for the foreign proprietor of the IP.