The South African Paint Manufacturers Association (SAPMA) is concerned with quality and standards within the South African surface coatings industry and in particular with the safety and well being of consumers who purchase surface coating products through a retail network.
This Code of Practice sets down obligations concerning the safety of the public at large which SAPMA members are expected to observe.
“HARMFUL IF SWALLOWED
AVOID CONTACT WITH SKIN
WASH HANDS AFTER USE
DO NOT SPRAY
DO NOT DRY SAND
DO NOT INHALE DUST”
“THIS PRODUCT CONTAINS INGREDIENTS WHICH ARE POTENTIALLY HARMFUL TO HEALTH. AVOID BREATHING VAPOURS, SKIN CONTACT AND INGESTION. READ THE INSTRUCTIONS CAREFULLY AND CONSULT THE MATERIAL SAFETY DATA SHEET”
As an impartial organisation representing the interests of the paint industry in South Africa, SAPMA urges all manufacturers and other stakeholders to familiarise themselves with legislation directly relevant to their business, especially the Copyright Act.
This Act covers the intellectual property rights of manufacturers.
In recent years, very little enforcement within this area of the law has been evident, which has lulled many industry players into a false sense of security.
To emphasise the renewed focus on enforcement within this area, we would draw attention to the fact that two companies have sent out letters during the past twelve months stating that they would require any entity making use of their products to secure a licensing agreement or risk litigation.
The most common current and potential areas of infringement in the market involve registered colour tinting systems. These include point of purchase materials that have been developed by individual manufacturers, and contain copyright-protected combinations of colours referenced with specific names and codes. These colours may not be referenced in any way at store level to tint competitor products, whether in hard copy or on colour tinting software systems, without a pre-existing licence agreement from the developing manufacturer.
It should be further noted that infringement could be legally enforced at any level. The Copyright Act legally binds all colourant suppliers, tinting equipment suppliers, tinting software suppliers, retailers and competitive manufacturers. All industry participants in this process are encouraged to ensure that a licensing agreement is in place before accepting hard copy or soft copy reference material from any source. Retailers are especially alerted to their liability if they possess reference material that is unlawfully distributed from a third party without a licensing agreement.
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