n Without Prejudice - Are brand-owners caught in a pickle? : intellectual property

Volume 12, Issue 9
  • ISSN : 1681-178X



The recent case between BMW and Grandmark International in which judgement was delivered by the North Gauteng High Court in July 2012 has ignited debate around the protection of spare parts as aesthetic designs under the Designs Act, 1993. What does this ruling mean for brand-owners and for replacement part manufacturers? Does it mean that brand-owners can no longer monopolise the market for spare parts? Some commentators seem to think so.

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