South Africa Case Law

Clipsal Australia (Pty) Ltd and Another v Trust Electrical Wholesalers and Another (125/06)

Clipsal Australia (Pty) Ltd and Another v Trust Electrical Wholesalers and Another (125/06) [2007] ZASCA 24; [2007] 4 All SA 1082 (SCA); 2009 (3) SA 292 (SCA); 2007 BIP 432 (SCA) (23 March 2007)

Court

Supreme Court of Appeal

Case number

125/06

Judges

Harms, Streicher, Cloete, Lewis, Cachalia

The Supreme Court of Appeal held that the High Court erred in finding that the registered design lacked novelty and originality. The court confirmed that mosaicing prior art is not permissible for assessing novelty in design law. The registered design was found to be new, as none of the prior art documents disclosed the design as a whole, and the differences identified by the respondents were insubstantial and related only to secondary features. The court clarified that originality under the Designs Act requires independent creation and not mere absence of commonality. The respondents' produc…

Source excerpt

• Registered Designs
• Novelty And Originality
• Designs Act 195 Of 1993
• Infringement
• Prior Art
• Remedies For Infringement

Sunsmart Products v Moongate 130 (Pty) Ltd and Another (20162/06)

Sunsmart Products v Moongate 130 (Pty) Ltd and Another (20162/06) [2007] ZAGPHC 82; 2007 BIP 447 (T) (23 February 2007)

Court

High Courts - Gauteng

Case number

20162/06

Judge

Legodi

The High Court stayed a design revocation application pending an appeal in related infringement proceedings, finding the appeal could resolve the novelty dispute.

• Design Registration
• Novelty
• Stay Of Proceedings
• Infringement
• Revocation Of Registration
• Design-registration

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000)

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000) [2002] ZAWCHC 18; [2002] 3 All SA 624 (C); 2002 (4) SA 756 (C) (22 April 2002)

Court

Western Cape High Court, Cape Town

Case number

554/2000

Judge

Desai

The High Court held that Keith Kirsten's had a valid Plant Breeders' Right in Canna Phasion, found infringement by Weltevrede Nursery, and awarded statutory damages and costs.

• Plant Breeders Rights
• Breeder Definition
• Statutory Compliance
• Damages For Infringement
• Publication Requirements
• Plant-breeders-rights