Unlike a patent, for which absolute novelty is required, a design may be registered up to 6 months after the design has been disclosed or released to the public.
However, if someone else starts to produce an article during the six month period, and the article would have infringed the design had it been registered, it would not in future be possible to take action against the other party.
It is therefore advisable to register a design before disclosure.
Contact Details for Smit & Van Wyk
+27 (0) 12 349 7800
+27 (0) 86 619 0493
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Meiring Naudé Avenue
- Identical Designs & Dispute Resolution – Should a situation arise where a dispute needs to be settled about two identical designs
- Concept Design Registration – Our Designs Act provides for aesthetic and functional designs to be registered. Should you thus have a concept design
- Interaction Design – Interaction design and User-experience design facilitate interactions between people and their environment.
- Industrial Designs – Industrial designs in South Africa can be filed as Functional Design or an Aesthetic Design, or both.
- Registered Design – Registered designs in South Africa: A Registered design can be filed as Functional Design or an Aesthetic Design, or both.
- Aesthetic Design – The features of an Aesthetic Design are judged solely by the eye and are not involved in the function of an article.
- Functional Design – Functional Design applies to the pattern, shape, ornamentation or configuration and performance of an article