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The South African Design Law of 1993 and its amendments govern the registration of designs in the country.
According to the Design Law the article must be registered for functional or aesthetic design rights in one of the Designs Classification of Goods lists.
The article will only be protected within the classes registered. One can obtain the classification lists from CIPRO in Pretoria or simply download the lists at our website.
According to the Design Law of South Africa, an article will not be eligible for design rights registration if information was intentionally disclosed with the permission of the proprietor or by the proprietor to the public before the filing of the application.
Fortunately there is a six months grace period within which one has to register the design should the design be released or information disclosed in such a manner. As a rule of thumb, it is better to first file the application before making any disclosures.
Employers should ensure that their employees and clients are bound by confidentiality agreements to prevent information from becoming public.
According to the South African Design Law the words “registered design” as well as the registration number must be applied to the design registered article as infringement damages may not be awarded if it is not the case. It is also important to note that you may not put the words “registered design” and a registration number on an article if the article is in fact not registered as a design.
An individual or company may apply for design rights on an article and its variations. Separate applications must be completed for the variations. You can complete multiple applications at a reduced rate.
Contact us at Smit & Van Wyk today for assistance regarding registrations and usage of designs as governed by the South African Design Law.
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