Klep Values (Pty) Ltd. v Saunders Value Company Ltd. (493/84/av) [1986] ZASCA 157; [1987] 4 All SA 147 (AD (15 December 1986)

Klep Values (Pty) Ltd. v Saunders Value Company Ltd. (493/84/av) [1986] ZASCA 157; [1987] 4 All SA 147 (AD (15 December 1986)

The Supreme Court of Appeal held that engineering drawings, even if technical and utilitarian, qualify as 'artistic works' under the 1911 British Copyright Act as incorporated in South African law. The originality requirement is satisfied where the draughtsman applies skill and labour, even if the design is a team effort or based on earlier works, provided the drawings are not slavish copies. The evidence established that the respondent's drawings were original and that copyright subsisted in them. The 1948 agreement validly assigned copyright from the predecessor company to the respondent. The appellant's manufacture and sale of interchangeable valve components constituted indirect...

Citation
[1986] ZASCA 157
Parties
Appellant: Klep Valves (Proprietary) Limited; Respondent: Saunders Valve Company Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
15 December 1986
Case Number
493/84/AV
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal dismissed with costs; respondent's copyright and trade mark protection upheld.
Judges
Corbett, Joubert, Grosskopf, Galgut, Nicholas
Legal Topics
Copyright in Engineering Drawings, Reverse Engineering, Assignment of Copyright, Trade Mark Infringement, Originality Requirement, Design Registration Exclusion
Intellectual Property Commercial and Corporate Copyright in Engineering Drawings Reverse Engineering Assignment of Copyright Trade Mark Infringement Originality Requirement Design Registration Exclusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Klep Valves (Proprietary) Limited

Appellant

Saunders Valve Company Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Whether engineering drawings of valves are 'artistic works' under the 1911 British Copyright Act as incorporated in South African law.
  2. 2 Whether the drawings were original and copyright subsisted in them.
  3. 3 Whether the respondent owned the copyright in the drawings.

Ratio Decidendi

The Supreme Court of Appeal held that engineering drawings, even if technical and utilitarian, qualify as 'artistic works' under the 1911 British Copyright Act as incorporated in South African law. The originality requirement is satisfied where the draughtsman applies skill and labour, even if the design is a team effort or based on earlier works, provided the drawings are not slavish copies. The evidence established that the respondent's drawings were original and that copyright subsisted in them. The 1948 agreement validly assigned copyright from the predecessor company to the respondent. The appellant's manufacture and sale of interchangeable valve components constituted indirect...

Court Disposition

Appeal dismissed with costs; respondent's copyright and trade mark protection upheld.

Orders

  • The appellant's petition for joinder of the Registrar of Trade Marks is granted, with costs to be paid by the appellant.
  • The appeal is dismissed with costs, including costs occasioned by the employment of two counsel.