Schlumberger Logelco Inc v Coflexip SA

The respondent, Coflexip SA, was the patentee of South African patent 89/1418 relating to an apparatus for transferring fluid, particularly oil, from the seabed to the sea surface. The appellant, Schlumberger Logelco Inc, installed such an apparatus as part of the Soekor Field Development Project located approximately 95 nautical miles off the South African coast near Mossel Bay, within South Africa’s exclusive economic zone (EEZ). Coflexip alleged patent infringement. Schlumberger raised a special plea contending that South African patents could not be infringed in the EEZ because it lies outside the Republic. The Commissioner of Patents dismissed the special plea, and Schlumberger appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

This decision authoritatively confirms that South African patent rights are enforceable against installations located within the exclusive economic zone by virtue of the Maritime Zones Act. It clarifies the interaction between patent law and maritime jurisdiction, extending effective patent protection offshore and providing legal certainty for offshore resource and infrastructure projects.