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South Africa Case Law

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Intellectual Property [2007] ZASCA 24

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)

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…

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