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Featured news
The Supreme Court of Appeal lays down the law on patent claim construction in SA - or does it?
A previous judgment by the Supreme Court of Appeal (“SCA”) relating to the same patent and registered design, but having different parties and a different infringing article, was referred to in the present matter as the Flag & Flagpole case. It had a bearing on the judgment in the present case, in which the appellants appealed against the orders of the Court of the Commissioner of Patents and the High Court, which had sat as one Court of first instance. It had held that the respondent’s South African patent had been infringed by a flag construction, illustrated as follows: |
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