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)
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