n Stellenbosch Law Review = Stellenbosch Regstydskrif - The (positive) right to use a trade mark : the case

Volume 21, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



Friction between statutory and common law intellectual property rights has existed since the advent of statutory protection of intellectual property; more particularly, the nature and scope of the relationship between such rights created by statute, and those protected by the common law, have been problematic. This state of affairs prevails notwithstanding the fact that legislation at times contains provisions aimed at delineating the relevant set of norms applicable.

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