Bosal Afrika (Pty) Ltd v Grapnel (Pty) Ltd and Another 1985 (4) SA 882 (C)

Bosal Afrika (Pty) Ltd v Grapnel (Pty) Ltd and Another 1985 (4) SA 882 (C)

Facts

Bosal Afrika (Pty) Ltd (Bosal) and Grapnel (Pty) Ltd (Grapnel) were both South African manufacturers of exhaust systems. Bosal published a price list for its exhaust systems. Grapnel copied Bosal's price list and distributed it to its customers. Bosal claimed that Grapnel had infringed its copyright in its price list. Grapnel denied copyright infringement.

Issues

The main issue in the case was whether Grapnel had infringed Bosal's copyright in its price list.

Reasons

The Cape Provincial Division (CPD) held that Grapnel had not infringed Bosal's copyright in its price list. The court reasoned that Bosal's price list was not an original work and that it was not protected by copyright.

Originality

The CPD explained that copyright protects original works. A work is original if it is the result of the author's skill and labor and is not a mere copy of another work. The court found that Bosal's price list was not original because it was based on existing price lists of other manufacturers.

Copyright protection for price-lists

The CPD also held that price lists are generally not protected by copyright. The court reasoned that price lists are functional works and that copyright does not protect functional works.

Conclusion

The CPD dismissed Bosal's claim.

Summary

The case of Bosal Afrika (Pty) Ltd v Grapnel (Pty) Ltd and Another (1985 (4) SA 882 (C)) is an important case in South African copyright law. The case is particularly important for its analysis of the following issues:

• The concept of originality in copyright law;
• The scope of copyright protection for price lists; and
• The distinction between functional works and literary works.

The CPD's decision that Bosal's price list was not an original work is significant. The decision means that copyright does not protect price lists that are based on existing price lists. The CPD's decision that price lists are generally not protected by copyright is also significant. The decision means that businesses can freely copy the price lists of their competitors.