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ARTICLE · 18 DECEMBER 2024

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Code Wars: Protecting Software From Copyright Infringement Battles

Fairbridges
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A recent landmark judgment – Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 – required the High Court of South Africa...

South AfricaIntellectual Property
Gaby Meintjes
Gaby Meintjes
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A recent landmark judgment – Emisha Software (Pty) Ltd v Servsol Software Solutions CC and Others (2023/069011) [2024] ZAGPPHC 615 – required the High Court of South Africa to deal with crucial aspects of copyright infringement in the context of software development. This case provides invaluable insights for businesses that engage external providers for programming and software development services. Understanding the intricacies of copyright ownership, the importance of clear agreements, and the principles guiding copyright infringement can help companies safeguard their intellectual property and avoid legal pitfalls.

The case involved Emisha Software, which developed the Insurance Guard System (IGS) computer program. Emisha alleged that Servsol Software Solutions and other respondents infringed its copyright by loading new clients into the program without Emisha's consent. Emisha contended that it had exclusive ownership of the IGS program, having paid Servsol for

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