REGISTERED
DESIGNS - South Africa
What is a Registered Design?
A registered
design may be obtained for a new shape or appearance of an article.
A design is granted to an article to the extent that it is judged
soley by the eye. The registration of a design enable the proprietor
of the design to exclude others from copying and selling the design.
Duration
of a Registered Design
An aesthetic
design lasts for up to 15 years, and a functional design lasts
for up to 10 years from the date of application or release date,
which ever is the earlier (the release date can be up to 6 months
earlier than the application date). In order to keep a registered
design in force, annual renewal fees are payable from the 4th
year onwards. A registered design can not be extended beyond its
full term.
What is
the difference between aesthetic and functional designs?
Generally
speaking, aesthetic designs relate to the appearance or eye appeal
of an article. Features which are necessitated by the function
of an article may be registrable as "functional designs".
Spare parts are however not protectable by function designs but
may be by aesthetic designs.
Requirements for a design to be registrable
In order to be registrable, a design, whether aesthetic or functional,
must be new or novel. In the case of a functional design, a further
requirement is that the design should not be "commonplace".
This is to exclude everyday and obvious variants of known designs.
