What is an Industrial Design?

August 24, 2009
Registered Designs

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

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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SVW FAQ Designs Brochure

August 12, 2009
Intellectual Property Information

What is a registered design and how does it differ from a patent?

A patent protects the principle on which a new invention is based. Registered Designs protect the way something looks. This may be an existing article which has been redesigned and which you wish to protect from copiers.

What kinds of design protection are available?

In South Africa, designs are grouped into two distinct classes. Aesthetic designs are designs applied to any article, whether for the pattern or the shape or the configuration or the ornamentation, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof; these designs are protectable for a period of 15 years. Functional designs are designs applied to any article, whether for the pattern or the shape or the configuration thereof, having features which are necessitated by the function which the article to which the design is applied, is to perform.

This includes not only items such as metal profiling and the like, but also integrated circuit topographies, and mask works. Functional designs are protectable for a period of 10 years. In addition, designs are grouped into different classes of technology and your design  application may only be filed in the most relevant class of technology to which it relates.

What are the requirements for registration of a design?

This differs for aesthetic and functional designs. The proprietor of an aesthetic design must ensure that his design is (i) new and (ii) original. The proprietor of a functional design must ensure that his design is (i) new; and (ii) not commonplace in the field of technology. A design is deemed to be new if it is different from or if it does not form part of the state of the art immediately before the date of application for registration thereof or the date of release into the public domain. However, there is a six month grace period allowable, as set out below.

My design has aesthetic AND functional features – which type of design is most suitable?

We would suggest filing an aesthetic as well as a functional design application for your article. These are two separate applications, but we usually charge a  reduced rate for the second and each following design filed in a class. Please note that it is only possible to cover a single embodiment of your design in a design application. Should you have produced a new range of footwear with four or five variants, South African design law requires you to file separate design applications for each embodiment of the article.

I exhibited my design at a trade show recently – can I still obtain protection for it?

This is another point of difference between designs and patents. You will have forfeited any potential patent rights you may have had in your article by exhibiting it prior to filing a patent application. However, the South African Designs Act allows a 6 month grace period for you to file a design application following the release of your design onto the market. In addition, if your design relates to a mask work or a series of mask works, there is a 2 year grace period allowable.

How long does it take to obtain a registered design?

It usually takes about six to eight months from the date of filing the application until notification of registration is received from the South African Designs Office.

Can I stop people from using my design before it has been registered?

No – as with a patent one may only enforce the application once it has been granted (or registered in the case of designs). Registration is a concept different to filing of the application. A design application is first filed, after which it is registered by the Designs Office in Pretoria. You do not have an enforceable right until your design has been registered. However, should you become aware of infringers copying your design, it is possible to apply to have the registration process expedited.

Contact

Please do not hesitate to contact any member of the Smit & Van Wyk team – we pride ourselves on being available to clients whenever and wherever we are needed.
Telephone + 27 (0) 12 844 1000 Fax + 27 (0) 12 844 1001 E-mail mail@svw.co.za Web www.svw.co.za
Enterprise Building 23B The Innovation Hub Hotel Street Pretoria 0087 South Africa

Impressum

Smit & Van Wyk Patent, Trademark & Copyright Attorneys
Legal Information Smit & Van Wyk, Inc. are registered attorneys of the High Court of South Africa in terms of the Attorneys Act No. 53 of 1979, registered patent attorneys in terms of Section 20 of the Patents Act 57 of 1978, and trademark attorneys. They are members of the South African Institute of Intellectual Property Law and subject to the relevant professional codes of the Law Society of the Northern Provinces (available at www.northernlaw.co.za) and the Code of Ethics of the Council of the Institute under Article 32 of the Constitution of the South African Institute of Intellectual Property Law (available at www.saiipl.org.za).

The company is incorporated in terms of Section 64 of the Companies Act of 1973.

Registration Number 2005/030733/21

VAT Registration Number 4540233006

© Smit & Van Wyk, Inc. – October 2008

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Trademarks, Patents, Designs & Copyright

June 24, 2009
Copyright ©, Intellectual Property News, Patents, Registered Designs, Trade Marks ™ ®

While trademark law seeks to protect indications of the commercial source of products or services, patent law generally seeks to protect new and useful inventions, and registered designs law generally seeks to protect the look or appearance of a manufactured article.

Trademarks, patents and designs collectively form a subset of intellectual property known as industrial property because they are often created and used in an industrial or commercial context.

By comparison, copyright law generally seeks to protect original literary, artistic and other creative works. A trademark also does not expire (if it is re-registered), whereas international copyright law (which varies from country to country) usually lasts the duration of the author’s lifespan plus 50 years.

This can lead to confusion in cases where a work passes into the public domain but the character in question remains a registered trademark.

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

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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

No Comments »