Bergh and Others v The Agricultural Research Council

The Agricultural Research Council (ARC), a statutory body, alleged that the appellants—former ARC employees and related entities—misappropriated and infringed its copyright in a cattle management computer program known as BeefPro (also rebranded as BenguFarm). ARC claimed it authored and owned BeefPro, which integrates with its national animal database INTERGIS, established under the Animal Improvement Act. After the departure of key employees (Bergh and Havenga), the appellants allegedly adapted and marketed BeefPro under BenguFarm, diverted breeders’ data to a parallel database (Logix), and excluded INTERGIS, thereby infringing copyright and engaging in unlawful competition. The Western Cape High Court granted extensive interdictory and damages-related relief to ARC without providing reasons. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and replaced with an order dismissing the ARC’s application with costs, including the costs of two counsel.

The case underscores the evidentiary burden on a claimant to prove authorship and ownership of copyright in computer programs, particularly where development involves employees, consultants, or complex statutory settings. It also affirms the fundamental judicial duty to provide reasons for decisions and highlights that a failure to do so may justify appellate intervention.