oa Comparative and International Law Journal of Southern Africa - The concept 'reasonable royalty' in intellectual property legislation - a comparative view
|Article Title||The concept 'reasonable royalty' in intellectual property legislation - a comparative view|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Criminal and Procedural Law, UNISA|
|Publication Date||Mar 1998|
|Pages||18 - 37|
|Keyword(s)||Damages, Intellectual property infringement, Legislation and South Africa|
The concept of a 'reasonable royalty', a relatively unknown concept in our law, has recently been introduced in South African legislation as a civil remedy for the infringement of intellectual property rights. In this article, an attempt is made to determine the ambit of the remedy. After sketching the South African position, similar provisions in English and American law are analysed, both to determine possible developments in South Africa and to assess problems experienced in implementing the remedy elsewhere so as to avoid them in South Africa.
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