n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Aesthetic design rights to spare parts? : case notes

Volume 25, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



These were the facts before the court in (50212/2010) 2012 ZAGPPHC 139 (25 July 2012): Bayerische Motoren Werke Aktiengesellschaft ('BMW') is a German company that, by itself and through licences, develops, manufactures, and distributes BMW motor vehicles, and their parts, components, and accessories. Grandmark International (Pty Ltd) ('Grandmark') is a South African company that imports, sells, and offers for sale spare parts for motor vehicles, including BMW vehicles. Allan Ho is the sole director, sole shareholder, and managing director of Grandmark. Needless to say, he was responsible for the control, management, and business operations of the business (para 11).

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