Grace period for Registered Designs
September 29, 2008
Registered Designs
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
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
- 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
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How to obtain a South African Registered Design
September 29, 2008
Registered Designs
The first thing to do is to keep the design secret and do not market it or sell it until a South African registered design has been filed.
Contact an attorney to discuss its protection. Should you wish to proceed with registration of a design, he or she will prepare the design application including drawings or photos showing the design and this will be forwarded to you for approval.
When you are satisfied that the design application is complete it will be filed it at the South African Design office in Pretoria.
Only after confirmation that the design application has in fact been filed may you disclose your design.
Design Links
- 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
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Registration of more than one Design
September 29, 2008
Registered Designs
Where an article has both aesthetic and functional features, you should file for an aesthetic as well as a functional design for it. Although these are two separate design applications, you will usually be charged at a reduced rate for the second and each following design application filed simultaneously. Similarly, design applications can be filed in different classes in the register. It is only possible to cover a single variation of your design per design application. For example, if you have a new range of footwear with four or five alternatives, South African design law requires you to file a separate design application for each variation of the article.
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
- 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
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- Tweet about it
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South African Design classes
September 29, 2008
Registered Designs
In South Africa, the designs register is split into two sections.
Firstly, an aesthetic design protects the appearance of an article, irrespective of its aesthetic value (such as cell phones covers or automobile designs).
An aesthetic design lasts for 15 years. Secondly, a functional design protects the appearance of an article in as far as its appearance is dictated by the function that the article is to perform (such as a paving stone or aluminium profiling).
A functional design lasts for 10 years. In addition, designs are grouped into different classes of technology and a design application may be filed in one or more classes, to provide protection against infringing products falling in the same class.
Protection is limited to articles falling in the same class for which the design has been registered.
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
- 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
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- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
Other IP Rights
June 19, 2008
Intellectual Property News, Registered Designs
An industrial design right protects the form of appearance, style or design of an industrial object from infringement.
A trade secret is non-public information concerning the commercial practices or proprietary knowledge of a business. Public disclosure of trade secrets may sometimes be illegal.
The term “intellectual property” denotes the specific legal rights described above, and not the intellectual workitself.
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
- 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
- Recommend on Facebook
- Share on Linkedin
- Tweet about it
- Buzz it up
- Print for later
- Tell a friend
