Safeguarding Design Rights

April 1, 2009
Registered Designs

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

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Multiple Design Applications

February 20, 2009
Intellectual Property News, Registered Designs

You may be a manufacturer of a range of jewellery and will want to file multiple design applications.

The procedure to follow will be the same as with a single design application as the South African law stipulates that you can only cover a single embodiment of a design in one application. You will thus need to make multiple design applications where you will file an application for every design in the range.

We provide reduced rates for such applications. It is also recommended that you wait until confirmation of filing before revealing any information about one of the items in the range.

If by accident information is revealed you should make sure that the design applications are filed within six months of the date of disclosure.

Also note that should you want to file for aesthetic and functional design rights for the same article that separate filings still need to be done.

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

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Design Disclosure

February 20, 2009
Intellectual Property News, Registered Designs

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

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Design Application Process

February 20, 2009
Intellectual Property News, Registered Designs

The design application process need not be complicated although the various terms and conditions may become confusing. The following steps are followed in the design application process:

1. The design should be kept secret and not marketed or sold until the design application has been done.
2. Contact the patent and design application attorneys of SVW for assistance regarding the protection of the design.
3. Make a deposit
4. The design application is then prepared on behalf of the client which will include pictures, drawings, and photos depicting the design
5. The design application is forwarded to you for approval
6. The filing of a design application is then done at the SA Design Office which is located in Pretoria
7. After filing is confirmed, you as the client may disclose the design.

It normally takes around eight months for registration to be complete since the date of filing.

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

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Enforceability of a South African Registered Design

September 29, 2008
Registered Designs

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

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