oa De Rebus - Administrative law and intellectual property : feature

Volume 2013, Issue 536
  • ISSN : 0250-0329



Administrative law is the branch of public law that regulates the activities of bodies that exercise public powers and perform public functions (C Hoexter (Cape Town: Juta 2007) at 2). Due to its nature and scope, administrative law permeates a number of branches of the law and the law relating to the protection of registered intellectual property is no exception. Administrative action can be questioned on the basis of either an administrative appeal or by judicial review. An appeal is indicated when the reasoning for the decision and the merits of the case are under consideration, while a review considers whether the decision was arrived at in a rational fashion. However, it is well recognised that the boundary between appeal and review is often indistinct, particularly with respect to judicial review where the focus of the review often falls on the decision itself rather than the process by which the decision was made ( 106).

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