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South Africa Case Law

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Intellectual Property [2005] ZAGPHC 6

Sunsmart Products (Pty) Ltd v Flag and Flagpole Industries (Pty) Ltd t/a National Flag (7385/04)

Sunsmart Products (Pty) Ltd v Flag and Flagpole Industries (Pty) Ltd t/a National Flag (7385/04) [2005] ZAGPHC 6; [2006] 3 All SA 206 (T) (7 November 2005)

The court dismissed the patent 97/10535 and design infringement actions, holding the patent was not infringed and the design lacked novelty. A settled patent 99/3281 claim was made an order.

  • Patent Infringement
  • Design Registration
  • Novelty Requirement
  • Invalidity Defence
  • Final Interdict
  • Costs Order
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