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South Africa Case Law

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Intellectual Property [2005] ZACCP 2

Sunsmart Products (Pty) Ltd v Flag and Flagpole Industries (Pty) Ltd t/a National Flag (97/10535, 99/3281, 7385/2004)

Sunsmart Products (Pty) Ltd v Flag and Flagpole Industries (Pty) Ltd t/a National Flag (97/10535, 99/3281, 7385/2004) [2005] ZACCP 2; 2005 BIP 31 (CP) (7 November 2005)

Court
Court of the Commissioner of Patents
Case number
97/10535, 99/3281, 7385/2004
Judge
B.R. Southwood

The court held that the defendant did not infringe patent 97/10535, but the raised design claim failed for lack of novelty. The agreed order in patent 99/3281 was granted.

  • Patent Infringement
  • Design Registration
  • Novelty Requirement
  • Inventive Step
  • Aesthetic Designs
  • Interdict Relief
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.