n Without Prejudice - The "" case : what can we learn from it? : intellectual property

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



(CCT52/15) [2016] ZACC 13 (26 April 2016) has garnered enormous media attention in recent months. This case, referred to as the "" case, provided the public with a rare opportunity to grapple with intellectual property, the laws which govern it and the implications for persons wishing to preserve ideas in the future. The media fixated upon the "David v Goliath" aspect, where a man who had an idea for a new product went head-to-head for nearly a decade with South Africa's telecommunication giant and ended up in the highest court in the land, the Constitutional Court. But what can be taken from this case from an intellectual property perspective?

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