On Monday, the Durban High Court dismissed the African National Congress‘s (ANC) trademark claim against the MK Party.
ANC loses MK Party trademark case
The court case emerged from the ANC’s efforts to prohibit the MK Party, supported by former president Jacob Zuma, from utilising a name and logo that closely resembles that of the disbanded uMkhonto weSizwe, an emblematic entity of the ANC’s past during the apartheid struggle.
The ANC argued that these elements were an integral part of its heritage and thus its intellectual property.
However, the High Court ruled against the ANC, ordering the party to pay the legal costs of the proceedings.
This verdict represents the third consecutive legal setback for the ANC against the MK Party as the national elections loom.
What does this mean for copyright law in South Africa?
The outcome of this lawsuit carries implications for trademark law in South Africa, especially concerning the protection of symbols associated with historical and cultural significance.
According to legal experts, the ruling casts a spotlight on a crucial aspect of trademark law: without registration under the Trademark Act, claims for exclusive rights over certain symbols or names hold little weight.
This case points out the necessity for entities, including political parties, to formally register trademarks to establish clear ownership and prevent unauthorised use.
The decision could also prompt other organisations to reevaluate their intellectual property strategies, ensuring they secure the necessary legal protections to safeguard their symbols and names.
This shift towards stringent adherence to trademark registration could enhance the clarity of copyright law enforcement across the country, delineating more defined boundaries for what is considered protectable under South African law.