Browsing by Author "Mupangavanhu, Yeukai"

Now showing 1 - 5 of 5
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    An analysis of the ‘likelihood of confusion’ test in the South African trademark law
    (University of the Western Cape, 2022) Vuke, Kawake Sipelo; Mupangavanhu, Yeukai
    This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common law.1 Trademarks are governed by the Trade Marks Act 194 of 1993.2 Accordingly, it is imperative to look at this Act to have clarity on the definition of a mark and a trademark.
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    An analysis of trademark infringement by dilution under South African law
    (University of the Western Cape, 2020) Miggels, Alvizo Romano; Mupangavanhu, Yeukai
    The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter alia, to serve as a symbol of where a product originates from and guarantee quality by the setting the registered trademark proprietor’s goods apart from those of his competitor. The dilution of a trademark is one of the most challenging issues facing the sphere of trademark law in South Africa. Trademark proprietors have in the past relied successfully on primary and secondary or extended infringement. There has, however, been a dearth of cases on infringement by dilution thus far. The research in this study will primarily take the form of an evaluation of the development of the anti-dilution action and why there is dearth of successful cases in South Africa. Trademark proprietors are at risk of suffering financial loss if they are not able to protect their marks from dilution. The thesis will make recommendations whether the dilution provision contained in the Act need reform or whether the approach to the application of the anti-dilution provisions by our judiciary needs to change.
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    Copyright law and human rights: blind SA v minister of trade, industry and competition and its potentially far-reaching implications
    (Taylor and Francis Ltd., 2024) Mupangavanhu, Yeukai
    The tension between intellectual property protection and the advancement of human rights has been a pressing issue for a long time. The South African landmark case Blind SA v Minister of Trade, Industry and Competition brings to the fore, once again, the problems that can arise from the protection and enforcement of intellectual property rights. The Constitutional Court’s decision, in this case, is of great significance since it reinforces the importance of ensuring that laws, including intellectual property laws, comply with the pro-visions of the Constitution of the Republic of South Africa, 1996. The lack of disability exceptions in the Copyright Act 98 of 1978 was found to have violated the right to equality and the concomitant rights of people with print-based disabilities. The article argues that instead of the laws heavily leaning on protecting the rights of copy-right owners, there should be a shift to the rights of users. It is a constitutional imperative in South Africa that human rights should not only be recognised but also realised. The article concludes that the interpretation and enforcement of intellectual property laws in Africa at large need to be human rights-oriented.
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    False advertising and consumer protection in South Africa
    (University of the Western Cape, 2020) Kerchhoff, Dominique; Mupangavanhu, Yeukai
    Deceptive advertising, which is also known as false advertising, refers to a manufacturer making use of confusing, misleading, or blatantly untrue statements to promote a particular product or service. The phrase ‘false, misleading or deceptive’ was apparently adopted from North American legislation. It is important to begin by defining these key terms that are frequently used in this thesis. A ‘false’ representation means giving wrongful or incorrect information to someone. A ‘misleading’ representation can be defined as one that leads someone astray, or causes someone to have an incorrect impression or belief. A ‘deceptive’ representation is similar to a misleading representation because it is aimed at deceiving the consumer which ultimately leads to the consumer making an error in judgement. These terms are very similar to each other but there are subtle differences between them. Representations are often misleading or deceptive by virtue of it being false. A representation can, however, also be true yet still be misleading or deceptive.
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    The legal protection of sound, scent and colour marks in South Africa: Lessons from the European Union and the United States of America
    (University of the Western Cape, 2018) Kallis, Garth Ernest; Mupangavanhu, Yeukai
    A trade mark is defined as a sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trade marks, copyright, patents and designs are some of the forms of intellectual property. Trade marks can be divided into traditional trade marks and non-traditional trade marks. Traditional trade marks are capable of being represented graphically, for example logos, service marks or company names. Non-traditional trade marks are generally not capable of being represented graphically. Examples of these marks are inter alia, scent, taste, touch and sound marks. Technology is changing the way business is being conducted. The registration of nontraditional trade marks has grown exponentially as businesses seek to use innovative ways to protect their brands. Non-conventional trade marks may be visible signs, examples of which include colours, shapes, moving images, holograms and positions or non-visible signs such as sounds, scents, tastes, textures. Visible signs may easily be registered since they satisfy the requirement of graphical representation. Non-visible marks do not generally meet this requirement which makes their registration more complicated. An example of a registered visible non-traditional trade marks is the four finger shape of Kit Kat chocolates.