Percentages Practice Test Problems 2026 Question Answers

There is no statutory provision for contributory infringement, but liability can arise under common law delict for aiding or procuring direct infringement. Contributory infringement is automatically strict liability under Section 45(3) whenever unpatented spare parts are sold. Selling standard off-the-shelf staples of commerce is per se criminal patent infringement under Section 70. Indirect infringement is governed exclusively by the Competition Act 89 of 1998 rather than the Patents Act or common law.