ARTICLE · 13 MAY 2025

Compulsory Licences - The ALLCOPY Copyright Case

ENS

Explore more from ENS

Copyright judgments are rare in South Africa and findings of the Copyright Tribunal are even rarer.

South AfricaIntellectual Property

Author LinkedIn connections

Copyright judgments are rare in South Africa and findings of the Copyright Tribunal are even rarer. This makes the recent judgment of Judge Moshoana, on behalf of the Copyright Tribunal (part of the High Court of South Africa, Gauteng), worth reporting. The case which dealt with the request for, and granting of, compulsory licenses is Allcopy Publishers (Pty) Ltd and others v Mark Phillips, 7 March 2025.

The facts

On 9 June 2016, a certain Mark Phillips (just a regular local, not to be confused with Horseman, who was once wedded to Princess Anne) entered into a written agreement with a company called Allcopy Publishers (Pty) Ltd (Allcopy). In this agreement, Phillips granted Allcopy the exclusive right to distribute the following for Grade 8 and 9 Mathematics:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Famous Faces, Hidden Risks: Using Celebrity Images On Merchandise In South Africa

South AfricaIntellectual Property

Major Counterfeit Merchandise Bust Ahead Of Springboks Clash

South AfricaIntellectual Property

Netflix And The Reach Of Reputation: A Taiwan Trade Mark Decision And The South African Perspective

South AfricaIntellectual Property

Chat Chat Chatterbot – Shall We Register Your Name?

South AfricaIntellectual Property

Tacos, Trade Marks And The CHINGADA’S Question: The Curious Case Of A Cape Town Restaurant Name

South AfricaIntellectual Property

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Intellectual Property
- Copyright
- Patent

Related Comparative Guides

Comparative Guide

Intellectual Property

Comparative Guide

Patent Litigation

Comparative Guide

Franchise & Licensing

Comparative Guide

Trademark Disputes

See more popular content from

Intellectual Property

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

South AfricaIntellectual Property

Shein's RICO Lawsuit And The Role Of Responsible AI In Preventing Future Legal Controversies

In July 2023, three independent designers filed a lawsuit in California against Shein, the popular online fashion retailer. They allege that Shein sold exact copies of their work which infringes their copyright...

South AfricaIntellectual Property

When Brands Get Patriotic

The South African flag represents more than national identity—it's a protected symbol with strict legal requirements for commercial use. Businesses seeking to incorporate the flag into their branding or products must navigate complex regulations under the Heraldry Act and Merchandise Marks Act, requiring ministerial consent before use in trade marks, packaging, or advertising.

South AfricaIntellectual Property

The Growing Push For AI Transparency: What South African Businesses Should Know

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.

South AfricaIntellectual Property

From Template To Trade Mark: Is Your Logo Legally Yours?

In today's digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs.

South AfricaIntellectual Property

Recent Increase In Trade Mark Filings In South Africa

According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria.

South AfricaIntellectual Property

Turning Locally Developed IP Into Battery-sector Opportunities

South Africa is positioning itself as a key player in the global electric mobility and battery value chains through strategic support for locally developed technologies and intellectual property. Can government-backed research partnerships and mineral resources be successfully converted into competitive industrial applications? The collaboration between academic institutions and industry demonstrates a model for technology commercialisation in the energy-storage sector.

South AfricaIntellectual Property

Issue 053 | IP and Competition Law Compete

The Gauteng High Court recently heard a case that’ll have serious implications for the vehicle and insurance industries.

South AfricaIntellectual Property

Moore Attorneys

Why South African Businesses Should Apply For A Section 11D Tax Incentive Today.

Section 11D of the South African Income Tax Act (the "Act"), makes provision for a tax incentive scheme, commonly referred to as the Research and Development (R&D) tax incentive.

South AfricaIntellectual Property

Laced-Up Logic: Supreme Court Ruling Draws A Clear Line Between Trade Mark Infringement And Counterfeiting

When can genuine, brand name goods still be labelled "counterfeit"? The Supreme Court of Appeal (SCA) has just answered that question in Yossi Barel v Popular Trading CC (handed down 23 June 2025) – and its guidance will matter to every South African company that imports, distributes or enforces branded products...

South AfricaIntellectual Property