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Aggrieved, SABMiller, which owned the Carling Black Label trademarks (and authorised South African Breweries to use them in South Africa), sued Laugh It Off in the High Court of South Africa. [ 2 ] SAB contended that Laugh It Off's use of its registered trademarks constituted trademark dilution in terms of section 34(1)(c) of the Trade Marks ...
The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa. [1] The CIPC was established by the Companies Act, 2008 (Act No. 71 of 2008) [2] as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
It was established pursuant to the multilateral treaties Madrid Agreement Concerning the International Registration of Marks of 1891 and the Protocol Relating to the Madrid Agreement (1989), which has been the sole governing treaty since 2016. [2]
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
In this sense, both South African "fair dealing" and US and other "fair use" rights are the same. The key difference between the US fair use general exception and the fair dealing right of South Africa is that the latter is applicable only to a specified list of purposes.
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
The "Agreement on the Creation of the Industrial Property Organization for English-speaking Africa" (Lusaka Agreement) was adopted on 9 December 1976 with Ghana, Kenya, Mauritius, Somalia, Uganda, and Zambia as original signatories. [11] It entered into force on 15 February 1978. [9]
Voluntary registration available for computer programs and databases. [37] South Africa: Companies and Intellectual Property Commission (CIPC) Voluntary registration available for cinematograph films. Establishes prima facie evidence of the facts contained on the registration certificate and may be used in court as proof of those facts. [38] Spain