Registered Design Applications

Design Prosecution

Design Litigation

Design Enforcement

Preparation, Drafting and Prosecution of Design Cases

Registered Designs Law in South Africa

Registered Designs

A design, in relation to a product, is the overall appearance of the product resulting from one or more visual features.

The design is only a design when it is used in relation to a registered product. The registration of the design does not protect the business against the same design used on other products. (the pattern itself cannot be registered.)

The Design Act covers two dimensional designs such as a logo on a product and three dimensional designs such as the shape of the product.

The Design Act is concerned with shape and configuration, not function. It stipulates that a visual feature may, but need not, serve a functional purpose.

If the design’s every visual feature serves a functional purpose, then common law states that the design is not registrable.

The Designs Act states that should an innovation be both, a visual feature, and serve a functional purpose, it may be registered.

When is a Design Registrable?

The design is registrable if it fits the following characteristics:

• The design is new
• The design is distinctive when compared to the prior art base for the design as it existed before the priority date of the design

Design Rights

After registering a design the owner has renewable monopoly for 5 years, and exclusive rights to :

• Make or offer to make a product, in relation to which the design is registered, which embodies the design.
• Import such a product into South Africa for sale, or for use for the purposes of any trade.
• Sell, hire and otherwise dispose of such a product.
• Use such a product in any way for the purpose of any trade or business.
• Keep such a product for the purpose of trade or business.
• Authorize another person to sell, hire and otherwise dispose of such a product.

Infringement of Designs

A person infringes a registered design if:

• He makes or offers to make a product, in relation to which the design is registered.
• imports such a product into South Africa.
• Sells, hires or otherwise disposes of such a product.
• Uses such a product in any way for the purposes of any trade or business.
• Keeps such a product for the purpose of doing any of the above mentioned things.