PEB Legal Framework For IP Protection Practice Questions - Patent Examination Board - Legal Framework For The Protection Of Intellectual Property (Group 1) Exam

What is the delictual foundation of the general common law action for unlawful competition in South Africa?

The actio injuriarum requiring proof of animus injuriandi. The actio legis Aquiliae, requiring proof of wrongfulness, fault (intent or negligence), causation, and patrimonial loss. Strict liability under statutory administrative law. The law of unjust enrichment without requirement of fault.

Correct Answer:

The actio legis Aquiliae, requiring proof of wrongfulness, fault (intent or negligence), causation, and patrimonial loss.

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