Safeguarding Design Rights

April 1, 2009
Intellectual Property News and Interesting Facts

In South Africa, commercial artists and product innovators should safeguard their design rights by registering them with the South African Design Office in Pretoria.

As with patents and trademarks, experts recommend designers retain patent attorneys to manage all the technical, legal details and processes. Patent attorneys very strongly recommend that designers should not market or sell their unique materials until they have protected their design rights by registering their creations.

In South Africa, visionaries can safeguard their design rights in one of two major categories. Registration will protect a developer’s rights to a design developed primarily for aesthetic appeal, or it will protect design rights for a product that depends on its unique shape, colour, and texture for its function.

In a case where a gifted craftsman has developed a design with both aesthetic and function value, patent attorneys recommend registering the design in both classes.

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

Designs

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