n Without Prejudice - Revisiting three-dimensional objects : intellectual property

Volume 16, Issue 5
  • ISSN : 1681-178X



The protection of shapes is inevitably a controversial issue in intellectual property law. In the law relating to unlawful competition, one may find protection for the shape of a braai or, in the famous case of 1986 3 SA 667 (A) (the case), protection for the shape of a boat. One could on the other hand find the denial of protection to the shape of boats in 2008 BIP 404 (C) and CC [2005] 2 All SA 382 (C), two (not so famous) cases, or another ruling in 1997 1 All SA 134 (A) (the case) virtually neutralising the case.

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