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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