Section 3: Provisions as to industrial property
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Provisions as to industrial property
(1) Where an employee or agent of the State infringes a patent, a registered trade mark or a copyright (including a copyright in a design subsisting
under the Patents Act), and the infringement is committed with the authority
of the State, civil proceedings in respect of the infringement shall, subject to
this Act, lie against the State.
(2) Except as expressly provided by this section, no proceedings shall lie
against the State by virtue of this Act in respect of the infringement of a
patent, a registered trade mark or a copyright mentioned in subsection (1).
[S. 3 amended by Act 48 of 1991.]