Intellectual Property Law
Understanding Common Law
Common law is the law as developed by the judiciary system of a country. The judges through the court system and tribunals develop the common law of the country.
The facts of a case can thus be weighed against previous decisions of judges and as such evaluated based on the similarities. When a judge thus makes a decision regarding a case, a precedent is created for future cases and this can also then be referred to as common law.
The court must thus follow the same reasoning and type of decision in a case based on prior decisions in court made about similar cases.
It should be noted that under this system, the power of authority that resides within a specific court, will also be considered. The appeal court decision regarding a case will be more binding than the low courts in that jurisdiction area.
The basic underlying principle of common law, however, stays the same – that the decisions made about court cases should be according to consistent rules and decisions about previous cases.
Past cases are known as paradigms. Common law is not derived from statues as such. The judges can develop the law through their decisions and opinions on cases which will then affect the decisions in courts lower in rank.
Many decisions regarding patent, trademark, and copyright infringements or rights taken in the courts of South Africa have helped to develop the law in the intellectual property field.
If you require help with the interpretation of court decisions or any intellectual property related issue, please contact us today. |
