A registered design protects the appearance of art, unlike a patent which protects the underlying invention on which an article is based. The appearance of an object may be protected by way of a South African Registered Design. South African registered designs are divided and the different parts of the designs register include aesthetic and [...]
Registered Design Rights in South Africa Design rights refer to the intellectual property rights associated with the shape, patterns, and configuration of an item, combination of texture, shape and patterns as well as ornamentation associated with an item. Such rights become enforceable by law upon registration. Record Keeping It is important to keep certified copies [...]
A utility model is a specific type of intellectual property right. It is available in various countries and just like a patent, protects the invention, but it has a shorter lifespan than a patent and doesn’t have all the requirements needed for a patent. Examples of countries where the utility model is recognized include that [...]
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 [...]
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 [...]
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: The design should be kept secret and not marketed or sold until the design application has been done. Contact the patent and design application attorneys of SVW for [...]
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 [...]
How long does a Design Application take? It usually takes about eight months from the date of filing the application until notification of registration is received from the South African Designs Office. If foreign registered designs are to be applied for, we should be notified thereof at the outset, but foreign design applications may be [...]
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