Design Rights

September 6, 2011
Registered Designs

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 of the documents giving your design rights to an item, as well as any drawings or photos which you have submitted for the registration of the rights on the item.

Registered Design Types

Design rights in South Africa are governed by the regulations of the Design Rights Act No. 195 of 1993 which protects the appearance of an item. There are two types in existence in South Africa:

1. Functional Design
2. Aesthetic Design

Functional & Aesthetic Designs

A functional right protects the function related qualities of an item as pertaining to appearance whereas the aesthetic right protects the ornamentation qualities of the item’s appearance.

It is possible to also gain protection on a two dimensional design, which in such a case, may also be protected under the copyright laws of the country.

One can apply for both types; provided the requirements are met and separate applications are completed.

Since design rights are often overlapped by copyright, trademark and patent rights, it is possible to register any of the above intellectual property rights on an item in addition to the design protection.

Examples of designs are that of handbags, bottles, jewellery, chairs, cars and more. The owner of such rights is known as the proprietor.

If a person is commissioned to design an item and then paid in full for that item, the ownership on the design can go to the one who has commissioned and paid for such. One of the requirements for design protection is that of originality as applying to an aesthetic design in addition to novelty.

When it comes to a functional design the item must not be commonplace and it must be new. An example of a functional design can be a part of a circuit board.

Contact us at Smit & Van Wyk for professional legal assistance regarding the registration of design rights in South Africa.

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Utility Model vs Patent Protection

April 12, 2011
Brand Names, Domain Names, Geographic Indicators

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 of Japan, Austria, Indonesia, Malaysia, Spain, Australia, and Germany.

In essence, the utility model is a monopoly that the inventor receives for a specific period in which the inventor then teaches the invention to another person with normal skills in the particular art. The teaching is of such a nature that the person taught will be able to perform the invention.

Utility models are often referred to as innovative patents or minor patents. Most of the patent offices don’t do in-depth examinations of applications and simply require that the utility models meet the formal requirements. In most instances, the same items or processes not patentable will also not qualify as utility models. One of the main requirements is that the utility model must be new and thus not part of prior art. This means that the utility model may not have been published or used before application for such. In Spain, however, absolute novelty is not required. In South Africa the functional design can fit the category of utility model and it has a lifespan of ten years.

Utility models are often used for mechanical innovations and are well suited for small and medium businesses which want to make minor changes to existing inventions. Known by different names in the various countries utility models are more affordable than patents, easier to register, and have shorter lifespan periods.

Contact us at Smit & Van Wyk Intellectual Property Attorneys to assist you in registering a utility model in South Africa.

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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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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

No Comments »