Clipsal Australia Pty Ltd v Trust Electrical Wholesalers [2007] SCA 24 (RSA)
Facts
Clipsal Australia Pty Ltd (Clipsal) was the proprietor of a registered design for a set of electrical accessory plates with surrounds. Trust Electrical Wholesalers (Trust) sold a set of electrical accessory plates with surrounds that Clipsal alleged infringed its registered design.
Clipsal sued Trust for infringement of its registered design. The High Court dismissed Clipsal's claim, finding that the design was not new or original and that it had not been infringed by Trust.
Clipsal appealed to the Supreme Court of Appeal (SCA).
Issues
The main issues in the case were:
- Whether the design was new and original; and
- Whether the design had been infringed by Trust.
Reasons
The SCA held that the design was new and original and that it had been infringed by Trust.
Novelty and originality
The SCA found that the design was new because it had not been disclosed to the public before the priority date of the design application. The SCA also found that the design was original because it was not substantially different from what had gone before.
Infringement
The SCA found that Trust's product infringed Clipsal's registered design because it was substantially similar to the registered design. The SCA found that the differences between the two designs were minor and that they did not alter the overall impression produced by the designs.
Conclusion
The SCA overturned the High Court's decision and found that Trust had infringed Clipsal's registered design. The SCA granted an injunction restraining Trust from infringing the design.
Summary
The case of Clipsal Australia Pty Ltd v Trust Electrical Wholesalers [2007] SCA 24 (RSA) is a landmark case in South African law. The case is particularly important for its analysis of the following issues:
- The requirements for novelty and originality in registered designs; and
- The test for infringement of registered designs.
Requirements for novelty and originality
The case established that a registered design must be both new and original in order to be valid. Novelty means that the design must not have been disclosed to the public before the priority date of the design application. Originality means that the design must be substantially different from what has gone before.
Test for infringement of registered designs
The case established that the test for infringement of registered designs is a visual test. The court must ask whether the infringing design is substantially similar to the registered design. If the infringing design is substantially similar to the registered design, then it will be found to infringe, even if there are minor differences between the two designs.
Impact of the Case
The case of Clipsal Australia Pty Ltd v Trust Electrical Wholesalers [2007] SCA 24 (RSA) has had a significant impact on the law of registered designs in South Africa. The case has clarified the requirements for novelty and originality in registered designs and the test for infringement of registered designs.
