Illsley, Thea2007-08-022007-08-022006Illsley, T 2006, 'How to tell a take-off from a rip-off : trade mark parody and freedom of expression in South Africa : notes and comments', South African Journal on Human Rights, vol. 22, no. 1, pp. 119-125. [http://www.journals.co.za/ej/ejour_ju_sajhr.html]0258-7203http://hdl.handle.net/2263/3242The recent Constitutional Court decision in Laugh it Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International presented the South African judiciary with a unique and novel challenge. This challenge involved the intersection between the constitutional right to freedom of expression, as provided for in s 16 of the Constitution of the Republic of South Africa, 1996 and the protection of intellectual property rights in terms of s 34(1)(c) of the Trade Mark Act 194 of 1993. The case highlighted the legal consequences of and issues relating to a phenomenon which has received little, if any, attention in our courts: trade mark parody.85830 bytesapplication/pdfenJuta LawFreedom of expression -- South AfricaFreedom of speech -- South AfricaIntellectual property -- South AfricaArticle