Enforceability of a South African Registered Design

September 29, 2008
Intellectual Property News and Interesting Facts

An enforceable right is only obtained once a design has been registered. A design is only registered by the South African Designs Office a few months after filing of the design application.

You do not have an enforceable right until such time as you have received notification of registration of the design from the South African Designs Office. However, should you become aware of anyone copying your design, it is possible to apply to have the registration process expedited, following which legal action may be taken.

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