South Africa's Supreme Court of Appeal has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property Law, writes law professor Owen Dean. With the recent retirement of Louis Harms, the bench at the Supreme Court of Appeal has been denuded of judges who can be regarded as IP experts. The paucity of IP experience on the bench is regrettably beginning to show.
In recent times the Supreme Court of Appeal has given three IP judgments in trade mark cases which, it is respectfully submitted, have been wrongly decided and are not in harmony with the principles of trade mark law and practice, Dean argues.