What exactly is unlawful competition? Unlawful competition is
often lumped together with IP, and indeed there are obvious links:
the common law action of passing off (closely related to trade
marks) is a species of unlawful competition; and unlawful
competition cases often involve technology, trade secrets and the
misuse of confidential information, thus potentially bringing them
within the scope of patent law and copyright law. So, the recent
South African Court of Appeal ("SCA")
judgment in the case of Pexmart CC v H. Mocke Construction
(Pty) Ltd is important.
The issue here was whether Pexmart had unlawfully used
confidential information and trade secrets belonging to Mocke
Construction. The confidential information and secrets related to a
process of lining (with plastic) steel pipes that are used in the
mining industry, with a view to preventing corrosion. The man
behind Mocke Construction had worked closely with an American in
developing this lining process,
