Ms. Roneé Robinson

Specialist Ip Litigant

 

Patents, Trade Marks, Copyright, Passing Off, Confidential Information,
Unlawful Competition

Experienced litigator with a demonstrated history of successful and extensive litigation in the fields of patents, trade marks, copyright, passing off, confidential information and unlawful competition. Internationally qualified, with the skills-set to excel in international environments, whether common-law or European.

Core Competencies

  • Legal consultation
  • Working with expert witnesses
  • Formulation of strategy Drafting
  • Analysis of facts and argument
  • Cross-examination
  • Formulation of pleadings
  • Conducting trials and hearings
  • Research Construction and presentation of argument

Professional Qualifications

  • Advocate of the High Court of South Africa with the status of Senior Counsel.
  • Solicitor, Ireland.
  • Barrister, England and Wales.
  • Solicitor, England.
  • Currently enrolled in the EPLC course presented by ERA, to qualify by May 2025.

Academic Qualifications

  • LLM, IP (University College London, 2011, with merit)
  • LLM, IP (University of South Africa, DM Kisch Trade Mark award)
  • LLB (Rand Afrikaans University – now University of Johannesburg, Abe Bailey bursar)
  • BA Hons (Philosophy) (RAU, cum laude)
  • BA Law (RAU, Gold Fields Bursar)

Languages

  • English and Afrikaans – mother tongue level.
  • French and Dutch – working knowledge
  • German – B1 level.

Other Activities

  • Acted as a judge on a number of occasions.
  • Author of a number of sections in the LAWSA (Law of South Africa) series, including State
    Liability; Access to Information and a number of Constitutional aspects.
  • Author of the book published by LexisNexis in 2016: Access to Information.
  • Chairperson, Heritage Western Cape, 2010-2012.

Examples Of Cases – Patents

1. University of California and Astellas v Eurolab (Pty) Ltd and various Dis-Chem parties. Acting for the Dis-Chem parties in a dispute currently ongoing before the Commissioner of Patents. In issue is the validity of the patent for enzalutamide, commercialized as Xtandi. Awaiting judgment.

2. Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GMBH 2024 (1) SA 331 (CC). (Acted for Villa Crop in establishing application of doctrine of unclean hands in patent disputes iro herbicide Spirotetramet. Villa Crop argued that Bayer, having obtained an SPC for Spirotetramet in various countries in Europe, could not honestly have applied for a subsequent patent in South Africa).

3. Bayer Intellectual Property GMBH v Dischem Pharmacy Limited and others (Patent nr 2007/06238 iro Rivaxored – dosage regimen, acted for two defendants, settked.)

4. Eneax Africa Limited v AECI Limited. (Acted for the defendant in respect of a dispute on Patent No: 2012/01544), settled.

5. Cementitious Products (Pty) Ltd v Fabchem Mining (Pty) Ltd. (Acting for the defendant in respect of an ongoing dispute on patent 2016/06084.)

6. Unilin Beheer BV v Quantum Products and Packaging CC. (Acted for the claimant in respect of a dispute on patent 1997/05060.)

Examples Of Cases – Copyright

 

7. Technical Systems (Pty) Ltd v RTS and others case number 7235/17 Western Cape High Court. (Successfully represented the claimant in one of the largest copyright and confidential information disputes in South Africa). [2024] ZAWCHC 204 (29 July 2024).

8. Technical Systems (Pty) Ltd v RTS and others case number 5288/2020 Western Cape High Court (Copyright in technical drawings of an auger manufacturing plant – ongoing dispute).

9. Metropolitan Health Corporate (Pty) Ltd v Neil Harvey and Associates case number 10264/10 Western Cape High Court (Copyright in computer program, claimant withdrew on terms beneficial to our client).

10. Neil Harvey and Associates v Medscheme Holdings (Pty) Limited and others Arbitration (Copyright in computer program, favourable outcme to the claimant).

11. Non-Detonating Solutions (Pty) Ltd v Durie and another 2016 (3) SA 445 (SCA) (Copyright in detonating cartridges and the associated drawings, favourable outcome to the claimant in the Anton Piller proceedings, which disposed of the dispute).

12. Biotech Laboratories (Pty) Ltd v Beecham Group Plc 2002 (4) SA 249 (SCA) (Copyright in package insert).

13. FID Parry (India) Limited v Vaal Sanitaryware (Pty) Ltd 2000 BIP 226 (T) (Copyright in mould, favourable outcome to client).

14. Aviation Direct (Pty) Ltd v Delta Built Environment Consultants (Pty) Ltd North Gauteng High Court (Copyright in database for aviation directory, matter settled upon my entry to the dispute).

15. Catgraphics CC v Africon Engineering International (Pty) Ltd 2003 JDR 0514 (T) (Ownership and right to use, successful outcome for client)

16. Homechoice Proprietary Limited v Lewis Stores Limited case number 17166/18 Western Cape High Court (Patterns on materials, matter settled).

Examples Of Cases – Trade Marks

 

17. Tiger Food Brands Intellectual Property Holdings Company (Pty) Ltd v Mack and Schuhle Africa (Pty) Ltd before the Tribunal of the Registrar of Trade Marks (Opposition to registration of BROOKS HARD SELTZER), ongoing.

18. Mack and Schuhle Africa (Pty) Ltd v Tiger Food Brands Intellectual Propery Holdings Company (Pty) Ltd case number 112220/2023 North Gauteng High Court, Pretoria (Expungement for non-use), ongoing.

19. Arjo Wiggins Ltd v Idem (Pty) Ltd 2002 (1) SA 591 (SCA) (Expungement for non-use), successful a quo, partially successful on Appeal.

20. Adcock Ingram Limited v Pfizer Laboratories (Pty) Ltd 2003 BIP 101 (T) (successfully resisted a claim for Infringement).

21. The Chancellor, Masters and Scholars of the University of Cambridge v Top Dog Internet Sales (Pty) Ltd before the Tribunal of the Registrar of Trade Marks (Acted for the University of Cambridge in an ongoing opposition to registration of CAMBRILEARN).

22. Outdoor Investment Holdings (Pty) Ltd v Baard and others case no 16597/2020 Western Cape High Court (Infringement, successful settlement).

23. Franschhoek Valley Wines Limited v Société Anonyme des Galaries Lafayette 2003 BIP 94 (RTM) (Successfully represented Galaries Lafayette in an Expungement).

24. Catgraphics CC v Africon Engineering International (Pty) Ltd 2003 JDR 0514 (T) (License to use, successfully resisted the claims of Catgraphics).

25. Zimbo Spares Co (Pty) Ltd v Car Quip CC 2006 BIP 230 (T) (Infringement, successfully represented client).

26. Pepkor Speciality Proprietary Limited v van Huyssteen and others case number 17063/18 Western Cape High Court (MR TEKKIE v TEKKIETOWN). This was part of the massive Steinhoff saga, successfully represented MR TEKKIE and saved the mark.

27. SPRINGBOK PHARMACY and Dischem Pharmacy Limited v Pharma Value Irene (Pty) Ltd and another case number 11466/21 before the North Gauteng High Court, Pretoria (SPRINGBOK). Successful in resisting attempts to claim the mark.

28. Energy Brands Incorporated and the Coca-Cola Company v QK Meats SA (Pty) Ltd (Opposition to registration of GLENPATRICK MINERAL WATER on behalf of Coca-Cola).

Examples Of Cases – Unlawful Competition; Passing Off; Confidential Information; Licensing

 

29. Technical Systems (Pty) Ltd v RTS and others case number 7235/17 Western Cape High Court (Successful in dispute about use by ex – employee of confidential information and copyright works to compete with previous employer).

30. Technical Systems (Pty) Ltd v RTS and others case number 5288/2020 Western Cape High Court (Use by ex – employee of confidential information and copyright works to compete with previous employer – ongoing).

31. Grafik Service Franzin (Pty) Ltd v I & S Customized Service Supplies (Pty) Ltd case number 2374/21 Western Cape High Court (Succesful in use by employees of confidential information and corporate opportunities of employer, defendants admitted defeat).

32. Purple Surgical International Ltd v Medivators (Pty) Ltd 2019 BIP 24 (GP) (Succesful in obtaining relief in dispute around unlawful competition by employees, restraint of trade, breach of confidential information, Anton Piller order).

33. Woodlands Dairy (Pty) Ltd v Parmalat SA (Pty) Ltd 2002 (2) SA 268 (E) (Successful in dispute around unlawful competition on the part of Parmalat).

34. Milestone Beverage CC v The Scotch Whisky Association 2021 (2) SA 413 (SCA) (Successful in dispute around unlawful competition, misrepresentation as to character of product, breach of Liquor Products Act).

35. The Scotch Whisky Association v Purple Rain 122 (Pty) Ltd 2003 BIP 135 (C) (Successful in dispute around unlawful competition, passing off as whisky products that are not whisky, breach of Liquor Products Act).

36. The Scotch Whisky Association v Totpak Manufacturing Division (Pty) Ltd 2004 JDR 374 (T) (Successful in obtaining relief directed at passing off of liquor as whisky).

37. Brandrill Limited v E W Tota 2004 BIP 286 (T) (Claim against ex-employee).

38. Naylor and another v Jansen 2007 (1) SA 16 (SCA) (Claim against ex-employee).

39. Gordon Lloyd Page & Associates v Rivera and another 2001 (1) SA 88 (SCA (Confidential information).

40. Academy of Learning (Pty) Ltd v Hancock 2001 (1) SA 941 (C) (Successful in dispute about unlawful competition and licensing agreements).

41. Insamcor (Pty) Ltd v Dorbyl Light & General Engineering (Pty) Ltd 2007 (4) SA 467 (SCA) (Successful in dispute about licensing).

42. Non-Detonating Solutions (Pty) Ltd v Durie and another 2016 (3) SA 445 (SCA) (Confidential information; obtaining Anton Piller order against respondents, groundbreaking judgment on Anton Piller orders).

43. Fibrecem CC v Khivhu and others: on arbitration (Claim against licensees based on unlawful competition, order obtained.)