28
See also John Waddington Ltd v. Arthur E Harris (Pty) Ltd
1968 (3) SA 405 (T) at pp 407-408.
But the question to be decided in this case is
not whether one may lawfully copy the product of another
substantially
but whether A, in making a identical copy, with the use of
B's mould, of an article made by B, and selling it in com
petition with B, is engaging in unfair competition.
This question has not arisen in any previous
case in South Africa.
Nor do cases decided in England
provide any assistance, since it appears that English
law
does not recognize an independent tort of unfair compe¬
tition.
(See the judgment of POWELL J sitting in the
Supreme Court of New South Wales which is included in the
report......
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