The South African law makes provision for a six months grace period regarding design disclosure and the subsequent application filing.

This means that if you made a design disclosure you must make sure that you file an application for design rights within six months of the design disclosure date if you want to retain the rights.

It is however, recommended that you first file the application before making a design disclosure because another party may make a similar design or use your design during the six months grace period.

You will not however, have the right to take steps against the party in future if the usage, marketing or duplication occurred during the six months grace period from the date of design disclosure.

We recommend that you wait until confirmation is received that the filing has been done before you reveal your design.

Contact Details for Smit & Van Wyk

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa

Design Links

1. Identical Designs & Dispute Resolution – Should a situation arise where a dispute needs to be settled about two identical designs
2. Concept Design Registration – Our Designs Act provides for aesthetic and functional designs to be registered. Should you thus have a concept design
3. Interaction Design – Interaction design and User-experience design facilitate interactions between people and their environment.
4. Industrial Designs – Industrial designs in South Africa can be filed as Functional Design or an Aesthetic Design, or both.
5. Registered Design – Registered designs in South Africa: A Registered design can be filed as Functional Design or an Aesthetic Design, or both.
6. Aesthetic Design – The features of an Aesthetic Design are judged solely by the eye and are not involved in the function of an article.
7. Functional Design – Functional Design applies to the pattern, shape, ornamentation or configuration and performance of an article