HomeHome SearchSearch MenuMenu Our productsOur products

Is it unlawful competition if your rival copies or uses your unregistered idea?

by , 21 March 2014
The law protects you against unlawful competition from your former employees, or from any other rival. This applies even if there's no restraint of trade agreement in place. Now the big question is: Is it still unlawful competition if your rival copies or uses your unregistered idea? Read on to find out...

What is unlawful competition?

Experts at FSP Business say unlawful competition is any unlawful act aimed at harming or gaining a competitive advantage over your business rival. This includes many well-established wrongs such as murder or arson.

The good news is South African laws prohibit unlawful competition.

But what if your rival copies or uses your unregistered idea? Will this be seen as unlawful competition?

***************

Get rid of your poor performer without landing at the CCMA!

You can't afford to have poor performers in your company. But you also can't afford to be taken to the cleaners at the CCMA for dismissing incorrectly!

Find out how you to LEGALLY get rid of poor performers here.
 

***************

The answer is a resounding no.

It's not unlawful competition if your rival copies or uses your unregistered idea

The Labour Law for Managers Loose Leaf Service says that in the absence of statutory protection, it isn't normally unlawful for a rival to copy and make use of your published ideas and concepts, even if you've spent a great deal of time and money in building up a demand for your product.

Once published, the information or idea is in the public domain and the fact that you haven't protected your ideas by registration opens the field to competition by copying and imitation, which is regarded as quite legitimate.

This means your rivals is free to use your ideas for their own business purposes. They can even make exact copies of your product and sell them under their brand name!

Bottom line: You must register your invention, design or trade mark immediately to stop competitors from copying your product

The Loose Leaf Service urges you NOT to allow your good business ideas to become public knowledge without first making sure they'll be protected under the relevant statute.



Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>