When Can I Claim Unlawful Competition?

The term "unlawful competition" is broad and encompasses a range of unfair business practices. Claims for damages arising out of unlawful competition are often brought together with claims for infringement of other intellectual property rights such as trade marks, copyright, design protection or patents. In South Africa, unlawful competition is vested in the common law and is not governed by legislation specifically. The common law has been developed by the courts, who have provided guidance on what types of conduct can be considered or regarded as unlawful in a modern context.

Although a claim for unlawful competition often accompanies other claims related to the infringement of intellectual property rights, the law of unlawful competition falls within the ambit of the law of delict, to be more specific under the Aquilian action.