South Africa Case Law

Van der Merwe and Another v Els and Another (3279/08)

Van der Merwe and Another v Els and Another (3279/08) [2008] ZAWCHC 31; 2008 BIP 404 (C) (4 June 2008)

Court

Western Cape High Court, Cape Town

Case number

3279/08

Judge

B M Griesel

The court held that the applicants failed to establish a clear or prima facie right to restrain the respondents from manufacturing and selling the disputed catamarans. The relevant patents had expired, placing the designs in the public domain, and section 15(3A) of the Copyright Act specifically authorises reverse engineering of utilitarian objects. The applicants' investment in the design was limited, and the intellectual property largely belonged to Prof Hoppe, not the applicants. The partnership had not built up substantial goodwill or a commercially sustainable business in the 25 foot Hys…

Source excerpt

• Unlawful Competition
• Reverse Engineering
• Copyright Infringement
• Passing Off
• Industrial Designs
• Patent Expiry

Premier Hangers CC v Polyoak (Pty) Ltd (522/94)

Premier Hangers CC v Polyoak (Pty) Ltd (522/94) [1996] ZASCA 119; 1997 (1) SA 416 (SCA); [1997] 1 All SA 134 (A); (27 September 1996)

Court

Supreme Court of Appeal

Case number

522/94

Judges

Plewman, Hefer, Kumleben, Howie, Zulman

The court held that copying unregistered hanger designs was not unlawful competition, because the designs had entered the public domain and no extra unfairness was shown.

• Unlawful Competition
• Industrial Designs
• Public Domain Copying
• Designs Act
• Aquilian Action
• Unlawful-competition