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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