JJS 2007 Volume 32 Issue 2

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Browsing JJS 2007 Volume 32 Issue 2 by Author "Deacon, J."

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    Trade mark parody in South Africa - the last laugh!
    (Faculty of Law, University of the Free State, 2007-12) Deacon, J.; Govender, I.
    English: This article endeavours to find the balance (if any) in South African law between the rights of trade mark owners from infringement of their trade marks, and the constitutional right to free expression (with particular reference to parody) in a society that advocates the values of democracy and freedom. As intellectual property, registered trade marks deserve the protection of the law, a careful balancing act between property rights and fundamental freedoms must be performed to determine if one outweighs the other. In this regard Laugh It Off Promotions CC v South African Breweries International will be discussed. The position of parody in South African trade mark law desperately needs to have a last laugh, once and for all.