Registered Designs
“Design is not just what it looks like, design is also how it works.” – Steve Jobs
In South Africa
We can assist with the following aspects related to registered designs:
- Novelty searches
- Preparing registered design applications for filing in South Africa and elsewhere
- Registration of new design applications in South Africa and any other country in the world
- Filing of foreign design applications in South Africa and before ARIPO, OAPI
- Amendments to existing designs/design applications
- Assignment of design rights
- Maintenance of existing design rights
- Litigation and enforcement of design rights
A Registered Design in South Africa protects the shape, form, pattern, ornamentation and configuration of a product or article. The protection does not extend to the functionality of the product or article and is focused on the physical appearance and associated physical features of the product or article. In view of the above, a specification, claims and abstract are not required to be filed with the application for Registered Design protection in South Africa. The design is to be exemplified by way of representations/drawings, which are then filed.
In addition, protection in respect of a Registered Design in South Africa extends only to the class/es of goods/services in respect of which the application has been filed.
An Aesthetic design
- Has to be new and original
- Novelty is in its shape, configuration or ornamentation
- Must be able to be produced by an industrial process
- Filed in Part A of the Register
A Functional design
- Has to be new and not commonplace
- Where the shape or configuration is necessitated by the function
- Must be able to be produced by an industrial process
- Filed in Part F of the Register
Protection is afforded to aesthetic designs for one period of 15 years, and to functional designs for one period 10 years.
In cases of urgency, an application for registration of a design can be filed and a filing date can be obtained with the following information and documentation:
- an informal copy of the representation(s)
- the applicant’s name and address
- information as to whether an application is to be filed in Part A or Part F of the register or in both Part A and Part F
- the class or classes in which the application or applications is/are to be filed, failing which the registrar has to be requested to determine the class. In the event that a single application is filed and the registrar determines that the design should be registered in more than one class, it will be possible subsequently to file one or more further application(s) in the other class(es), with later effective dates
- information as to whether the application is to be filed as a convention or non-convention application and, in the event of a convention application, particulars of the basic application, i.e. country, number and date from which priority is to be claimed.
The formal documents can be filed subsequently.
In the rest of Africa
We have developed relationships with local agents in most African countries. As a result, we are well placed to assist our client’s in protecting their registered designs in Africa.
In the rest of the world
We have secured registered designs for our clients in various countries around the world, with the assistance of our foreign agents, with whom we have a long standing working relationship.
Foreign agents can access a list of our Fees for registered designs in South Africa here . Local clients are welcome to Contact Us directly for an obligation free quote.