35 "471. A further recognised type of un¬ fair competition is the direct mis¬ appropriation ('unmittelbare Leistungsubernahme') of the work of another by using his artefact as a mould or prototype for the competitor's own product. This principle was used to combat pirate record pressing be¬ fore the existence of 'mechanical copyright' in records. Recent examples include the copying of a plastic boat by using the competitor's boat as a mould and the copying by direct casting of carefully selected sets of 'off the peg' false teeth. The unfairness here resides in the method of copying; the defendant is taking the fruits of the plaintiff's money, skill and labour intact, without in¬ vesting any of his own. Where this is not the case, the action will not lie " See also Van Heerden en Neethling, Onregmatige Mededinging, pp. 144-145. Fellner

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