IIE Module Outline INPL7322

Intellectual Property Law

INPL7322/ INPL7312
MODULE OUTLINE 2025
(First Edition: 2020)

This guide enjoys copyright under the Berne Convention. In terms of the Copyright Act, no 98 of
1978, no part of this manual may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording or by any other information storage
and retrieval system without permission in writing from the proprietor.

The Independent Institute of Education (Pty) Ltd is registered with the

Department of Higher Education and Training as a private higher education
institution under the Higher Education Act, 1997 (reg. no. 2007/HE07/002).
Company registration number: 1987/004754/07.

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IIE Module Outline INPL7322

Table of Contents
Introduction .................................................................................................................................... 3
Using this Module Outline .............................................................................................................. 4
This Module on ARC ........................................................................................................................ 5
Module Resources........................................................................................................................... 7
Module Purpose............................................................................................................................ 10
Module Outcomes ........................................................................................................................ 10
Assessments .................................................................................................................................. 11
Module Pacer ................................................................................................................................ 14
Glossary of Key Terms for this Module ......................................................................................... 35

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IIE Module Outline INPL7322

Introduction
Welcome to Intellectual Property Law. This module will expose you to the various intellectual
property rights that ground South African Intellectual Property Law. This module presents the basic
concepts of intellectual property in relation to legislation that governs them as well as case law
that sets out the adjudication in our courts over disputes concerning these unique property rights
in practice. In examining relevant legislation and case law relating to Intellectual Property Law, you
will also learn about the significant impact that the Constitution of the Republic of South Africa,
1996, has had on South African Intellectual Property Law.
You will also have the opportunity to engage with different Foreign legal systems, as well as the
impact of International Human Rights Law, and how they are compared to South African
Intellectual Property Law, so that you can also get a global perspective on the uniqueness and
diversity that characterises South African Intellectual Property Law.

Throughout this module, you will learn about intellectual property rights, concepts, principles and
remedies that flow should there be an infringement of these rights. Studying these rights along
with the Constitution, legislation, case law, foreign law and international legal concepts is integral
as it will assist you in answering questions based on given scenarios when faced with them in
practice.

Please remember that to get the most out of this module, it is essential that you read all the
prescribed texts and prepare for your classes accordingly. When doing so, keep a pen or pencil
handy, and make notes, ask questions, and provide comments as you read so that you engage more
deeply with the content in this module. Also remember that you have access to a variety of helpful
resources and active learn questions on VC ARC, that will assist you in understanding the content
of this module better as you work through your prescribed material and prepare for assessments.

We hope you will enjoy this module and take the opportunity to use the knowledge gained in your
future legal career.

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IIE Module Outline INPL7322

Using this Module Outline

This module outline has been developed to support your learning.
Please note that the content of this module may be found in the prescribed material. You will
not succeed in this module if you focus on this document alone.

This document includes a basic outline of the content of your module and should be used to guide
your progress through the course of this module. In it, you will find a module pacer, which outlines
the suggested hours for each learning unit. Additionally, your pacer includes the objectives that
inform the cognitive levels that you will be expected to engage with specific content. Please use
these objectives to prepare for your assessments and ensure that you have mastered them
accordingly.

An assessment brief section, which outlines the kinds of formative (developmental) and summative
(final) assessments that you will need to complete for the module, is also included in this
document. Please consult with this section so that you are suitably prepared for your assessments.

Finally, this document also includes a short breakdown of each learning unit. These are likely to
include various activities and revision questions for each learning unit. Again, please use these to
guide your comprehension and mastery of the content of this module so that you can successfully
meet the outcomes and develop the skills related to this module.

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IIE Module Outline INPL7322

This Module on ARC

ARC is an online space, designed to support and maximise your learning in an active manner. Its
main purpose is to guide and pace you through the module. In addition to the information provided
in this document, you will find some of the following when you access ARC:

 A list of prescribed material (in guide);

 A variety of additional online resources (articles, videos, audio, interactive graphics, etc.) in
each learning unit that will further help to explain theoretical concepts;
 Critical questions/activities to guide you through the module’s objectives;
 Collaborative and individual activities with time-on-task estimates to assist you in managing
your time around these;
 Revision questions, or references to revision questions, after each learning unit.

Kindly note:

 Unless you are completing this as a distance module, ARC does not replace your contact
time with your lecturers and/or tutors.
 INPL7322/ 7312 is an ARC module, and as such, you are required to engage extensively
with the content on the ARC platform. Effective use of this tool will provide you with
opportunities to discuss, debate, and consolidate your understanding of the content
presented in this module.
 You are expected to work through the learning units on ARC in your own time –
especially before class. Any contact sessions will therefore be used to raise and address
any questions or interesting points with your lecturer, and not to cover every aspect of
this module.
 Your lecturer will communicate submission dates for specific activities in class and/or on
ARC.

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IIE Module Outline INPL7322

REMEMBER:

You need to log onto ARC to:

 Access the learning material and online resources such as articles, interactive graphics,
explanations, video clips, etc. which will assist you in mastering the content;
 View instructions and submit or post your contributions to individual or group activities
which are managed and tracked on ARC; and
 Submit assessment documents.

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Module Resources
Prescribed Material (PM) for Prescribed Textbook:
this Module Dean, O. and Dyer, A. Dean & Dyer: Introduction to Intellectual
Property Law (2014) 2nd ed Oxford University Press: Cape Town
ISBN: 9780190752156
Legislation (with relevant sections indicated in relevant learning units
below)
 The Constitution of the Republic of South Africa, 1996
 Intellectual Property Laws Amendment Act 28 of 2013
 The Copyright Act 98 of 1978
 The Counterfeit Goods Act 37 of 1997
 The Trade Marks Act 194 of 1993
 The Merchandise Marks Act 17 of 1941
 The Patents Act 57 of 1978
 The Designs Act 195 of 1993
Bills
 The Copyright Amendment Bill
[[Link]
files/Copyright%20Amendment%20Bill%[Link]]
[Accessed on 16 March 2023].
Journal articles
 Holland, J. Copyright Law and Freedom of Expression in South
Africa 2017 8:2 Nnamdi Azikiwe University Journal of
International Law and Jurisprudence 1.

 Van der Walt AJ and Shay RM Constitutional analysis of

Intellectual Property 2014 17:1 PER/PELJ 51.

 Pistorius, T. Trade-mark tarnishment: Should we “Laugh it off”

all the way to “Telkomsucks” and “Hellcom”? 2004 SA Merc LJ
727.
 M du Bois Intellectual Property as a constitutional property
right: the South African approach 2012 24 SA Merc LJ 174 –
190 (see pages 178 – 185).

Case Law
 Waylite Diary CC v First National Bank Ltd 1995 (1) SA 645 (A)
 Klep Valves (Pty) Ltd v Saunders Valve Co Ltd 1987 (2) SA 1 (A)
 King v South African Weather Service 2009 (3) SA 13 (SCA)
 Galago Publishers (Pty) Ltd and Another v Erasmus 1989 (1) SA

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IIE Module Outline INPL7322

276 (A)
 Jacana Education (Pty) Ltd v Frandsen Publishers (Pty) Ltd 1998
(2) SA 965 (SCA)
 Fax Directories (Pty) Ltd v SA Fax Listings 1990 (2) SA 164 (D)
 Bosal Afrika (Pty) Ltd v Grapnel (Pty) Ltd and Another 1985 (4)
SA 882 (C)
 Frank & Hirsch (Pty) Ltd v A Roopanand Brothers (Pty) Ltd 1993
(4) SA 279 (A)
 Beecham Group plc and Others v Triomed (Pty) Ltd 2003 (3) SA
639 (SCA)
 Verimark (Pty) Ltd v BMW AG 2007 (6) SA 263 (SCA)
 adidas AG and Another v Pepkor Retail Ltd (187/12) [2013]
ZASCA 3
 Société des Produits Nestlé SA v International Foodstuffs Co
2013 JDR 2699 (GNP)
 Laugh It Off Promotions CC v South African Breweries
International (Finance) BV t/a Sabmark International 2006 (1)
SA 144 (CC).
 McDonalds Corporation v Joburgers Drive-Inn Restaurant (Pty)
Ltd and Another 1997 (1) SA 1 (A)
 Atlas Organic Fertilizers (Pty) Ltd and Others v Pikkewyn
Ghwano (Pty) Ltd and Others 1981 (2) SA 173 (T)
 Payen Components SA Ltd v Bovic Gaskets CC and Others 1995
(4) SA 441 (A) 29.

 Gentiruco A.G. v Firestone South Africa (Pty) Ltd 1972 (1) SA

589 (A)
 Ensign-Bickford (South Africa) (Pty) Ltd and Others v AECI
Explosives & Chemicals Ltd 1998 BIP 271 (SCA)
 University of Pretoria v Registrar of Patents 2011 BIP 41 (CP)
 Buzbee (Pty) Ltd v Registrar of Patents 2010 BIP 42 (CP)
 Clipsal Australia Pty Ltd v Trust Electrical Wholesalers [2007]
SCA 24 [RSA]
Ex Parte Chairperson of the Constitutional Assembly: In re
Certification of the Constitution of the Republic of South Africa 1996
1996 (4) SA 744 (CC) para 75.

 First National Bank of SA Ltd t/a Wesbank v Commissioner,

South African Revenue Service; First National Bank of SA Ltd
t/a Wesbank v Minister of Finance 2002 (4) SA 768 (CC)

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IIE Module Outline INPL7322

 Shoprite Checkers (Pty) Ltd v Pick ‘n Pay Retailers (Pty) Ltd

(12098/22) [2023] ZAWCHC 285 (17 November 2023)

 National Brands Limited v. Cape Cookies CC and Registrar of

Trademarks 309/2022 and 567/2022) [2023] ZASCA 93
Blind SA v Minister of Trade, Industry and Competition and
Others (CCT 320/21) [2022] ZACC 33 (21 September 2022)
My-China Discount Store (Pty) Ltd v Mosese and Others
(076084/2023) [2024] ZAGPPHC 756 (24 July 2024)
Recommended Readings, Web resources:
Digital, and Web Resources  The Companies and Intellectual Property Commission (CIPC) -
[Link]
 The Dramatic, Artistic and Literary Rights Organisation
(DALRO) - [Link] [Accessed 09 March
2023].
 World Intellectual Property Organisation (WIPO) –
[Link] [Accessed 09
March 2023].
 Trade – related aspects of Intellectual Property Rights (The so-
called “TRIPS” Agreement)
[Link]
trips_01_e.htm [Accessed 09 March 2023].
 The Competition Commission: South Africa
[Link] [Accessed 09 March 2023].
 AI and Intellectual Property : Global Perspectives
http:// [Link]/blogs/ai-and-intellectual-property-
law-global-perspectives (accessed 16 April 2025)

Please note that a number of additional resources and links to

resources may be provided throughout this module.
You are encouraged to engage with these as they will assist you in
mastering the various objectives of this module.
They may also be useful resources for completing any assignments.
You will not, however, be assessed under examination conditions on
any additional or recommended reading material.

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IIE Module Outline INPL7322

Module Purpose
The purpose of this module is to provide students with sufficient knowledge of intellectual
property law so that they are able to respond to and resolve basic matters relating to intellectual
property.
Module Outcomes
MO01 Provide an overview of the development of intellectual property law.
MO02 Differentiate between the various types of intellectual property rights.
Advise on remedies available when an intellectual property holder’s intellectual
MO03
property has been infringed.
MO04 Analyse the various sources of law which regulate intellectual property law.
Apply this detailed knowledge to (together with an ability to) apply the various
MO05
sources of intellectual property law to a scenario-based question.

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Assessments
Integrated Curriculum Engagement (ICE)
Minimum number of ICE activities to complete 4
Weighting towards the final module mark 10%

Formatives Test Assignment

Weighting 30% 25%
Duration 1 hour Approximately 10 hours
Write/Submit after LU 1 LU 4
Learning Units covered LU 1 LUs 2 and 3
Resources required NA Additional research required

Summative Examination
Weighting 35%
Duration 2 hours
Total marks 100
Open/Closed book Closed book
Resources required None
Learning Units covered LU 4,5,6 and 7

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Assessment Preparation Guidelines

Format of the Assessment Preparation Hints
Test
The test for this module will  Ensure that you work through all the relevant activities,
assess your understanding of exercises and revision questions in your prescribed material.
Learning Unit 1 of this module.  Brainstorm possible questions based on the learning outcomes
It will include a series of short and objectives provided, then complete these as practice tests.
and long questions, as well as  Engage with your lecturer in classes concerning any questions
application-type questions. You or queries you may have regarding the module content.
will be expected to apply, as  During both your preparation for the test and during the test
well as recall information as per itself, pay attention to the instruction words (like list, apply,
your objectives for these describe etc.) and to the mark allocations of each question to
learning unit. ensure that you are able to provide the correct depth and
detail in your answers.
 Make sure that you have mastered the objectives in Learning
Unit 1.
Assignment
The assignment will assess your  Ensure that you work through all the relevant activities,
ability to integrate and apply exercises and revision questions in your prescribed material.
the content in Learning Units 2  Brainstorm possible questions based on the learning outcomes
and 3 of this module, with and objectives provided, then complete these as practice-tests.
reference to short, long and  Engage with your lecturer in classes concerning any questions
application-type questions that or queries you may have regarding the module content.
may require additional  During both your preparation for the test and during the test
research. itself, pay attention to the instruction words (like list, apply,
describe etc.) and to the mark allocations of each question to
ensure that you are able to provide the correct depth and
detail in your answers.
 Make sure that you have mastered the objectives in Learning
Units 2 and 3.

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Examination
The examination will assess  Consult your examination brief for this module, which will be
learning units 4,5,6 and 7 in made available prior to your examination. Make sure that you
this module, and will include practice answering the sample questions in the brief so that
both theory and application- you become familiar with the kinds of questions likely to
type questions. appear in the examination itself.
 Ensure that you work through all the activities, exercises and
You will be expected to revision questions in your textbooks. You must have completed
respond to short and long close readings of your prescribed material to ensure that you
theory-based questions, as well have prepared adequately for your examination for this
as application-type questions module.
with given scenarios.  Engage with your lecturer in classes concerning any questions
or queries you may have regarding the module content.
 Pay close attention to the instruction words (like list, apply,
describe, analyse etc.) and to the mark allocations of each
question to ensure that you provide the correct depth and
detail in your answers.
 Make sure that you are comfortable in responding to all the
objectives for learning units 4,5,6 and 7 .
 Brainstorm possible questions based on the learning outcomes
and objectives provided.

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IIE Module Outline INPL7322

Module Pacer
Code Programme Contact Sessions Credits
INPL7312 LAW3 36 12
INPL7322 BLW3 36 15
Learning Unit 1 Trade marks

Overview:

A trade mark is a form of intellectual property. To put it simply, a trade mark refers to a character
or symbol that is used by producers or suppliers in connection with their goods or services.
The purpose of these trade marks is to create a connection in the minds of the public between
the goods or services, and the relevant producers or suppliers.
As such, whenever a member of the public sees such a trade mark on a product, for example,
they should associate that product with the producer responsible for it.

Trade marks may therefore consist of a brand name, such as a word or combination of words
(e.g. Burger King), a slogan which is a short phrase or a sentence, (e.g. Just Do It) or a logo which
is a distinctive picture or symbol (e.g. the Apple on Apple Inc. products).

In this learning unit, we will look at the nature and essence of trademarks; the law as it relates
to the registration of trade marks and associated formalities; assignment, transmission and
licences related to trade marks; the law as it pertains to the infringement of trade marks; the
concept of “passing off”; and the impact of the Constitution of the Republic of South Africa,
1996 on trade marks.

Please work through Themes 1,2,3 and 4, together with the relevant sections of your prescribed
source/s. To ensure that you are working towards mastering the objectives for this learning unit,
please also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to the concept of what constitutes
a “mark” and “passing off” so ensure that you are familiar with the various terminology as set
out in the chapter and the way that these are used in this module.
Also pay careful attention to infringement and the remedies available.

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IIE Module Outline INPL7322

Learning Unit 1: Theme Breakdown

Sessions: Theme 1: Nature and Essence of a Trademark Prescribed Material (PM)
7 – 12
Academic Week: LO1: Discuss the concept of a trademark with PM1: Chapter 2
2 reference to the following:
 The use and value of registered Intellectual Property Laws
Related Outcomes: trademarks in modern society. Amendment Act 28 of 2013
MO01  The classification of goods and
MO02 services.
MO03  The nature and essence of a
MO04 trademark.
MO05  The difference between a domain
name and trademark
Theme 2: Registration and transferability of
trade marks
LO2: Analyse the Registration Procedure for a PM1 : Chapter 2
trade mark with reference to ss 9 and 10
in the Trade Marks Act 194 of 1993. Sections 9, 10, 23 and 25 of the
LO3: Discuss how trade marks can be: Trade Marks Act 194 of 1993.
 Amended;
 Renewed; Beecham Group plc v Triomed
 Opposed; (Pty) Ltd 2003 (3) SA 639 (SCA)
 Rectified;
 Used in the context of “honest
concurrent use”.
LO4: Apply the principles governing the
disqualification of trade marks to a given
scenario.
LO5: Differentiate between assignment and
transmission in relation to trade marks.
LO6: Discuss how licensing in respect of trade
marks takes place.
Theme 3: Infringement of trade marks
LO7: Analyse the grounds of infringement in PM: Chapter 2 and 3
relation to trade marks.
LO8: Discuss the defences to trade mark Pistorius, T. Trade-mark
infringement. tarnishment: Should we “Laugh
LO9: Analyse the elements that need to be it off” all the way to
proved for “passing off” relating to trade “Telkomsucks” and “Hellcom”?
marks. 2004 SA Merc LJ 727.
LO10: Apply the available defences and

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IIE Module Outline INPL7322

remedies concerning “passing off” to a Verimark (Pty) Ltd v BMW AG

given scenario. 2007 (6) SA 263 (SCA)
LO 11: Explain cybersquatting in relation to
trademarks adidas AG and Another v Pepkor
Retail Ltd (187 / 12) [2013]
ZASCA 3

Société des Produits Nestlé SA v

International Foodstuffs Co
2013 JDR 2699 (GNP)

Laugh It Off Promotions CC v

South African Breweries
International (Finance) BV t/a
Sabmark International 2006 (1)
SA 144 (CC)

McDonalds Corporation v
Joburgers Drive-Inn Restaurant
(Pty) Ltd and Another 1997 (1)
SA 1 (A)

Shoprite Checkers (Pty) Ltd v

Pick ‘n Pay Retailers (Pty) Ltd
(12098/22) [2023] ZAWCHC 285
(17 November 2023)
National Brands Limited v. Cape
Cookies CC and Registrar of
Trade Marks 309/2022 and
567/2022) [2023] ZASCA 93
Theme 4: Trade marks and the Constitution,
1996.
LO12: Discuss the impact of the Constitution, Van der Walt AJ and Shay RM
1996, on trade marks. Constitutional analysis of
Intellectual Property 2014 17:1
PER/PELJ 51.

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IIE Module Outline INPL7322

Learning Unit 2 Copyright

Overview:

Just as the law regulates and protects ownership of personal property and real estate, so too
does it regulate and protect the exclusive control of intangible assets, such as intellectual
property. The term “intellectual property” is used to describe a variety of different products that
originate from human intellect and which are protected by various rights, including copyright.
Copyright specifically regulates the legal rights to control the production and commercial use of
certain creative works, such as works of art, written books, photographs and films, among other
types of media, for a limited amount of time.

The reason behind copyright is to provide owners of original material with the exclusive rights
to use and profit from such material for a given amount of time. This can arguably provide more
motivation for people to innovate and create when they can do so with the assurance that their
rights are protected.

In this learning unit, we will look at the concept of copyright and protectable works, the
legislative framework regulating copyright protection, ownership of copyright, assignment and
licences related to copyright, the law as it pertains to the infringement of copyright and the
impact of the Constitution, 1996, on the law of copyright.

Please work through Themes 1,2,3, and 4, together with the relevant sections of your prescribed
source/s. To ensure that you are working towards mastering the objectives for this learning unit,
please also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to the concept of what constitutes
a ‘work’ with reference to Copyright, so ensure that you are familiar with the various concepts
and terminology as set out in the chapter and the way that these are used in this module by
referring to the definitions in para 1.2 Chapter 1 for this unit.

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Learning Unit 2: Theme Breakdown

Sessions:1 - 6 Theme 1: Copyright and “works” Prescribed Material (PM)
Academic Week: LO1: Explain “copyright” as a concept. PM: Chapter 1 and 3
1 LO2: Discuss the classes of “works” that can be
Related Outcomes: subject to copyright, with reference to: Waylite Diary CC v First National
MO01  What each class refers to; Bank Ltd 1995 (1) SA 645 (A)
MO02  The importance of classification;
MO03  Duration and effect. Klep Valves (Pty) Ltd v Saunders
MO04 LO3: Discuss the requirements for the Valve Co Ltd 1987 (2) SA 1 (A)
MO05 subsistence of a copyright in a work.
LO4: Explain the protection afforded by Blind SA v Minister of Trade,
computer programs, with reference to Industry and Competition and
the following: Others (CCT 320/21) [2022]
 The subsistence requirements ZACC 33 (21 September 2022)
 Authorship
 Scope of protection
LO5: Discuss the impact of artificial intelligence Copyright Act 98 of 1978
copyright law, specifically with reference
to the following: Intellectual Property Laws
 Authorship and ownership Amendment Act 28 of 2013
 Infringement
LO6: Analyse The Copyright Act 98 of 1978 and Copyright Amendment Bill
the regulations under the Act. [[Link]
LO7: Discuss the Intellectual Property Laws /storage/app/media/uploaded-
Amendment Act 28 of 2013. files/Copyright%20Amendment
LO8: Discuss the purpose and impact of the %20Bill%[Link]] [as at 22
proposed Copyright Amendment Bill on February 2020].
copyright, including the impact the
Constitution will have on it
LO9: Examine the international arrangements,
in particular, the principle in
International Law of “national
treatment”.

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IIE Module Outline INPL7322

Theme 2: Ownership and the transmission of

copyright
LO10: Discuss the general rule pertaining to PM: Chapter 1
ownership of copyright.
LO11: Identify exceptions to the rule. King v South African Weather
LO12: Outline the formalities for the valid Service 2009 (3) SA 13 (SCA)
assignment of copyright. Galago Publishers (Pty) Ltd and
LO13: Compare the various licences relating to Another v Erasmus 1989 (1) SA
copyright. 276 (A)
Theme 3: Infringement of copyright
LO14: Differentiate between direct and indirect PM: Chapter 1
Infringement.
LO15: Compare copyright infringement to Pistorius, T. Trade-mark
plagiarism. tarnishment: Should we “Laugh
LO16: Discuss criminal infringement of it off” all the way to
copyright. “Telkomsucks” and “Hellcom”?
LO17: Apply the defences to copyright 2004 SA Merc LJ 727.
infringement to a given scenario. Jacana Education (Pty) Ltd v
LO18: Apply the remedies available to a Frandsen Publishers (Pty) Ltd
plaintiff concerning copyright 1998 (2) SA 965 (SCA)
infringement to a given scenario.
Galago Publishers (Pty) Ltd and
Another v Erasmus 1989 (1) SA
276 (A)

Fax Directories (Pty) Ltd v SA

Fax Listings CC 1990 (2) SA 164
(D)

Bosal Afrika (Pty) Ltd v Grapnel

(Pty) Ltd and Another 1985 (4)
SA 882 (C)

Frank & Hirsch (Pty) Ltd v A

Roopanand Brothers (Pty) Ltd
1993 (4) SA 279 (A)

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IIE Module Outline INPL7322

Theme 4: The impact of the Constitution,

1996, on copyright.
LO19: Discuss the impact of the Constitution, Holland, J. Copyright Law and
1996, on copyright with specific Freedom of Expression in South
reference to: Africa 2017 8:2 Nnamdi Azikiwe
 The Right to Freedom of Expression University Journal of
in s 16 of the Bill of Rights. International Law and
 The Right to Property in terms of s Jurisprudence 1.
25 of the Bill of the Rights.
Van der Walt AJ and Shay RM
Constitutional analysis of
Intellectual Property (2014)
17:1 PER/PELJ 51.

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IIE Module Outline INPL7322

Learning Unit 3 Unlawful Competition

Overview:

Unlawful competition, or unfair competition, entails the rules, primarily of a common law origin,
that regulate the competitive process between traders.

Generally, every person can freely carry on his or her trade or business in competition with his
or her rivals. However, there are rules which seek to ensure that competition in business remains
within fair bounds and that no trader benefits at the expense of his or her rivals through the use
of improper business methods. Unlawful competition occurs when a trader commits a wrongful
(unlawful) act which causes damage to a competitor by interfering with such competitor’s right
to attract custom or to conduct business.

In this learning unit, we will look at the law as it pertains to unlawful competition, including the
development of unlawful competition and related concepts; types of unlawful competition and
defences against unlawful competition.

Please work through Theme 1, together with the relevant sections of your prescribed source/s.
To ensure that you are working towards mastering the objectives for this learning unit, please
also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to the concept of “unlawful
competition” so ensure that you are familiar with the various terminology as set out in the
chapter and the way that such terminology is used in this module. Also take note of the remedies
available in relation to unlawful competition.

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Learning Unit 3: Theme Breakdown

Sessions: Theme 1: Unlawful competition in the Prescribed Material (PM)
13 – 15 South African context
Academic Week: LO1: Discuss what is meant by unlawful PM: Chapter 4
3 competition.
LO2: Explain the following concepts in Atlas Organic Fertlizers (Pty)
Related relation to unlawful competition: Ltd and Others v Pikkewyn
Outcomes:  The right to attract custom. Ghwano (Pty) Ltd and Others
MO01  The competition principle. 1981 (2) SA 173 (T)
MO03 LO3: Apply the defences and remedies in
MO04 respect of unlawful competition to a S 33 of the Trade Marks Act
MO05 given scenario. 194 of 1993
LO4: Discuss the relationship between Payen Components SA Ltd v
unlawful competition, the Trade Bovic Gaskets CC and Others
Marks Act 194 of 1993 and other 1995 (4) SA 441 (A)
Intellectual Property (IP) statutes.

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IIE Module Outline INPL7322

Learning Unit 4 Counterfeit Goods

Overview:

Counterfeit goods are goods that fraudulently imitate and use another’s brand name to lead
consumers into believing that they are buying the genuine product. The Counterfeits Goods Act
37 of 1997 was specifically introduced to prohibit the trade in counterfeit goods in South Africa
and to protect the owners of trade marks, copyright works and certain other marks against the
unlawful misuse of their intellectual property rights.

In this learning unit, we will look at the regulation of counterfeit goods in South Africa, including
the introduction of the Counterfeit Goods Act 37 of 1997 and search and seizure operations in
relation to counterfeit goods.

Please work through Theme 1, together with the relevant sections of your prescribed source/s.
To ensure that you are working towards mastering the objectives for this learning unit, please
also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to the concept of “counterfeit
goods”, so ensure that you are familiar with the various terminology as set out in the chapter
and the way that these are used in this module. Take careful note of how these items are
regulated as well as the penalties attached to the offence.

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Learning Unit 4: Theme Breakdown

Sessions: Theme 1: The regulation of counterfeit Prescribed Material (PM)
16 – 19 goods in terms of the Counterfeit Goods
Act 37 of 1997
Academic Week: LO1: Discuss “counterfeit goods” as defined PM: Chapter 5
4 in terms of the Counterfeit Goods Act
37 of 1997. S 15 of the Merchandise
Related LO2: Explain the offence of dealing with Marks Act 17 of 1941
Outcomes: counterfeit goods.
MO01 LO3: Analyse the procedures that are used Counterfeit Goods Act 37 of
MO02 to seize and dispose of counterfeit 1997
MO03 good. My-China Discount Store
MO05 LO4: Discuss the procedures applicable to (Pty) Ltd v Mosese and
post seizure of counterfeit goods. Others (076084/2023) [2024]
LO5: Apply the principles, concepts and ZAGPPHC 756 (24 July 2024)
procedures concerning counterfeit
goods to a given scenario.

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IIE Module Outline INPL7322

Learning Unit 5 Patents

Overview:

A “patent” is an intellectual property right which provides the owner with a statutory monopoly
right to protect their invention. A patent owner receives the exclusive right to prevent or stop
others from commercially exploiting the patented invention for a fixed period of time. In
exchange, however, a patent owner is required to fully disclose their invention, thereby enabling
others to exploit the invention once the patent term has come to an end.

Over the years, there have been countless examples of exciting inventions in terms of which
patent rights have been granted. You need not look further than the incandescent light bulb, the
electronic mouse that controls your desktop computer or the clickable mechanism found in
certain pens.

In this learning unit, we will look at patents as a concept and applicable law, the requirements
and procedure for obtaining a patent, the revocation of a patent, and the law as it pertains to
the infringement of patents.

Please work through Themes 1,2,3 and 4, and, together with the relevant sections of your
prescribed source/s. To ensure that you are working towards mastering the objectives for this
learning unit, please also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to understanding the territorial
nature of the right related to patents as well as the legislative framework governing patents and
the requirements and procedure for obtaining a patent. Please note what constitutes
infringement and pay attention to the defences and remedies available in relation to patents.

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IIE Module Outline INPL7322

Learning Unit 5: Theme breakdown

Sessions: Theme 1: Patents as a concept and Prescribed Material (PM)
20 – 28 applicable law
Related LO1: Discuss the concept of a Patent with PM: Chapter 6
Outcomes: reference to:
MO01  The nature of the right.
MO02 The legislative framework and
MO03 international arrangements.
MO04
MO05
Theme 2: Requirements and procedure for
obtaining a Patent
LO2: Analyse the basic requirements for PM: Chapter 6
obtaining a patent with reference to
section 25 in the Patents Act 57 of Gentiruco A.G. v Firestone
1978. South Africa (Pty) Ltd 1972
LO3: Discuss amendment and correction in (1) SA 589 (A)
regard to patents.
LO4: Analyse the steps and principles that Ensign-Bickford (South
form part of the process to register a Africa) (Pty) Ltd and Others v
patent. AECI Explosives & Chemicals
Ltd 1998 BIP 271 (SCA)
Ss 25, 50 and 51 in the
Patents Act 57 of 1978.
University of Pretoria v
Registrar of Patents and
Others 2011 BIP 41 (CP)
Theme 3: Revocation of a patent
LO5: Explain the grounds upon which PM: Chapter 6
patents can be revoked.
S 61 of the Patents Act 57 of
1978

Buzbee (Pty) Ltd v Registrar

of Patents 2010 BIP 42 (CP)

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Theme 4: Infringement of a patent

LO6: Identify who has locus standi (legal PM: Chapter 6
standing) concerning the
infringement of a patent. Ss 45, 47, 48, 67, 68 and 69A
LO7: Discuss the determination of and the of the Patents Act 57 of
various acts of infringement in regard 1978.
to patents.
LO8: Analyse principles and aspects
relating to the infringement of patent
with reference to:
 Construction of the claims.
 The role of expert evidence.
 Restoration.
LO9: Apply principles in relation to patents
to a given scenario, with reference to
the following:
 Defences to infringement.
 Contributory infringement.
 Remedies for infringement.

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IIE Module Outline INPL7322

Learning Unit 6 Designs

Overview:

A “registered design” refers to the granting of an intellectual property right to a proprietor of a

design. Although the law of designs is closely related to other forms of intellectual property,
namely copyright, trade marks and patents, it relates solely to the outward appearance of an
article. South African design law provides for the registration of both aesthetic and functional
designs.

In this learning unit, we will look at the concept of designs and its linkage to other forms of
intellectual property, the legislative framework concerning designs, the basic requirements for
obtaining a registered design, the revocation of a design, the infringement of a registered design
and the law as it pertains to the concept of traditional designs.

Please work through Themes 1,2,3, and 4, together with the relevant sections of your prescribed
source/s. To ensure that you are working towards mastering the objectives for this learning unit,
please also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to understanding the legislative
framework governing designs and the basic requirements and procedure for obtaining a
registered design. Please note what constitutes infringement and pay attention to the defences
and remedies available in relation to designs.

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IIE Module Outline INPL7322

Learning Unit 6: Theme Breakdown

Sessions: Theme 1: Introduction to the law of Prescribed Material (PM)
29 – 31 designs
Academic Week: LO1: Analyse the link between designs PM: Chapter 8
6 and:
 Patents. Designs Act 195 of 1993
Related  Trade marks.
Outcomes:  Copyright.
MO01 LO2: Discuss the legislative framework and
MO02 international arrangements in
MO03 relation to designs.
MO04
MO05
Theme 2: The Basic Requirements for
Obtaining a Registered Design
LO3: Analyse the basic requirements for PM: Chapter 7
obtaining a registered design.
Ss 14, 15, 23,26, 27 and 32
LO4: Discuss the requirements for of the Designs Act 195 of
registrability of a design. 1993
LO5: Analyse concepts and principles
relating to the procedure for Clipsal Australia Pty Ltd v
Trust Electrical Wholesalers
registering a design.
[2007] SCA 24 [RSA]
LO6: Discuss principles and aspects
relating to the infringement of S 31 of the Designs Act 195
patent with reference to: of 1993
 Correction and amendment of
designs.
 Restoration.
 Assignment.
LO7: Discuss the grounds of revocation of
a design.
LO8: Explain various concepts in relation
to the application for revocation.

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IIE Module Outline INPL7322

Theme 3: Infringement of a design

LO9: Identify who has locus standi (legal PM: Chapter 7

standing) concerning the
Ss 20 and 35 of the Designs
infringement of a design. Act 195 of 1993.
LO10: Discuss the determination of and
the various acts of infringement in
regard to designs.
LO11: Apply principles in relation to
designs to a given scenario, with
reference to the following:
 Defences to infringement.
 Remedies for infringement.
Theme 4: Traditional knowledge and
designs
LO12: Apply principles and concepts PM: Chapter 8 and 9
relevant to traditional designs to a
Intellectual Property Laws
given scenario, with reference to the Amendment Act 28 of 2013.
following:
 Basic requirements for obtaining
a traditional design. Ss 1, 53A,53B, 53C, 53D, 53E
 The procedure for registration of and 53F of the Designs Act
a traditional design. 195 of 1993.
 Revocation of a traditional
design.
 Infringement of a traditional
design.
 Benefit sharing.

LO13: Apply principles and concepts to

traditional /indigenous knowledge
with reference to the following:
 defining the concept
 the Patents Amendment Act 20
of 2005
 The Rooibos / Honeybush case
study
 South Africa’s solution to protect

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IIE Module Outline INPL7322

TK and traditional cultural

expressions

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IIE Module Outline INPL7322

Learning Unit 7 Intellectual Property Rights and the Constitution

Overview:

Intellectual property rights are regarded as sui generis categories of property in private law, and
as such, they may be regarded as property for the purposes of the right to property as enshrined
in the Constitution of the Republic of South Africa, 1996.
The right to property, as provided for by section 25 of the Constitution, lays down strict
requirements that the State must adhere to before a deprivation or expropriation of property,
which includes intellectual property, will be regarded as being constitutionally valid.

In this learning unit, we will look at intellectual property rights and section 25 of the Constitution,
1996; intellectual property rights and constitutional rights in foreign law; and the connection
between international human rights law and intellectual property.

Please work through Theme 1, together with the relevant sections of your prescribed source/s.
To ensure that you are working towards mastering the objectives for this learning unit, please
also ensure that you complete all activities on ARC.

The challenge you may experience in this learning unit relates to understanding the background
of section 25 of the Constitution as well as the relevant case law.
Being able to apply case law to given scenarios will be your biggest challenge with this module
but if you apply the rules of FIRAC appropriately, you should manage this learning unit with ease.

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IIE Module Outline INPL7322

Learning Unit 7: Theme breakdown

Sessions: Theme 1: The relationship between intellectual Prescribed Material (PM)
32 – 36 property rights and the Constitution
Academic Week: LO1: Discuss the court’s views relating to PM: Chapter 11
7 section 25 of the Constitution 1996 and
Intellectual Property Rights with Ex Parte Chairperson of the
Related Outcomes: reference to Certification of the Constitutional Assembly: In re
MO01 Constitution case. Certification of the Constitution
MO02 LO2: Analyse the court’s decision on the of the Republic of South Africa
MO03 relationship between intellectual 1996 1996 (4) SA 744 (CC) para
MO04 property rights and the Constitution, 75.
MO05 1996, in the Laugh It Off case.
LO3: Discuss deprivation and expropriation of Laugh it Off Promotions CC v
intellectual property rights in relation to South African Breweries
section 25 of the Constitution, 1996. International (Finance) BV t/a
LO4: Apply principles relating to section 25 of Sabmark International 2006 (1)
the Constitution, 1996, and intellectual SA 144 (CC).
property rights to a given scenario.
LO5: Analyse international law principles and First National Bank of SA Ltd t/a
global perspectives on Gen-AI And Wesbank v Commissioner, South
concepts relating to the development of African Revenue Service; First
a human rights framework for National Bank of SA Ltd t/a
intellectual property. Wesbank v Minister of Finance
2002 (4) SA 768 (CC)

M du Bois Intellectual Property

as a constitutional property
right: the South African
approach 2012 24 SA Merc LJ
174 – 190 (see pages 178 –
185).

Pistorius, T. Trade-mark
tarnishment: Should we “Laugh
it off” all the way to
“Telkomsucks” and “Hellcom”?
2004 SA Merc LJ 727

Van der Walt AJ and Shay RM

Constitutional analysis of
Intellectual Property 2014 17:1

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PER/PELJ 51.

AI and Intellectual Property :

Global Perspectives
http://
[Link]/blogs/ai-and-
intellectual-property-law-
global-perspectives (accessed
16 April 2025)

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Glossary of Key Terms for this Module

Term Definition My Notes
Copyright A right over protected works.
Patent A statutory monopoly right which provides for
the protection of an invention.
Registered Design Provides for the protection of the appearance
of an article resulting from a particular design
being applied to the article.
Unlawful Wrongful competition, not within lawful
Competition bounds.
Passing Off Protects the goodwill that is a result of an
existing reputation.
Dilution Trading off the goodwill attached to a well-
known brand to promote own products.
Counterfeit goods Goods that are the result of counterfeiting.
Trade Mark Badge or symbol that a producer of goods or
a supplier of services uses in relation to his
goods or services in order to inform the public
that he is the source or provider of those
goods or services.
Tarnishment The unauthorised use of a trade mark which
links it to inferior products, or which portrays
it in an unflattering way, so that the
trademark loses value.
Literary works Combination of letters and/or numerals which
embody the results of intellectual effort or
skill emanating from the creator of the work.
Originality Work should emanate from the author
himself and not be copied.
Plagiarism The practice of taking someone else’s work or
ideas and passing them as your own.
Reverse The reproduction of another manufacturer’s
Engineering product following detailed examination of the
design of the product and its components.

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Royalties Royalties usually deal with payments for the

right to use intellectual property, like
copyrights, patents, and trademarks.
Brand A make or kind of goods bearing a trade mark.
Leaning On Where a person or business uses the trade
mark of another to promote its own
performance and goodwill.
Puffery A statement that a company’s own product is
better than a competitor’s.
Parallel Imports Refers to the importation and dealing in so-
called ‘grey goods’ which are goods
manufactured in one jurisdiction by or with
the permission of the intellectual property
owner’s consent. These are genuine goods
but intended for sale in another country.

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