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ARTICLE · 12 MARCH 2025

Compulsory Licences

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Mark Phillips, mathematics textbooks author, entered into an agreement with Allcopy Publishers (Pty) Ltd, along with co-authors Jurgens Basson and Jaco Odendaal...

South AfricaIntellectual Property
Craig Shapiro
Craig Shapiro
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"I cannot think of any other field or branch of law in which a comparable remedy exists" – Judge Myburgh

Facts

Mark Phillips, mathematics textbooks author, entered into an agreement with Allcopy Publishers (Pty) Ltd, along with co-authors Jurgens Basson and Jaco Odendaal, to create and distribute a series of educational works, including textbooks and teacher aids for grades 8–12. Phillips, the lead author, had primary ownership of the copyright. In June 2016, Phillips entered a distribution agreement with Allcopy for the sale and distribution of these works, lasting until June 2021, later extended until February 2024. Tensions arose when Phillips attempted to publish his own versions of these books, in competition with Allcopy, leading to the current legal dispute over the rights to continue distribution after February 2024.

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