|
Overview Of Requirements For Design Rights
For an item to qualify for design rights it may not be part of any state of the art before the release date or the actual filing for design rights date. In addition, the article must have distinct individual features if it is to qualify for design rights.
Another requirement is that the application must be for design rights as relevant to the visual appearance or the appearance as related to function.
Patent rights cover the function of the item whereas appearance is covered by design rights. Copyright law automatically covers the pictures and description of the design as pertaining to the application for design rights.
The design may not be publicly disclosed or used prior to application for the design rights unless an application is filed within six months of the release also known as disclosure. As a rule of thumb, it is better and less risky to first file the application before doing a release of the design.
As with patent rights, a novelty search is done to determine whether the item design is truly unique, has not been used before or publicly disclosed and that there are no similar designs in practice or applications for similar design rights.
One also has to submit drawings or a picture of the article with the application for design rights. The image whether as a drawing or a photo should be free of any side notes. Any object also present in the photo may only be so for the purpose of illustration and a statement to support such must also be submitted.
It should be noted that design rights registered in South Africa are not protected anywhere other than South Africa. For protection in other countries as well, you will need to submit applications to the particular countries. For this purpose you will need the assistance of intellectual property attorneys specialising in design rights.
Contact us at Smit & Van Wyk Intellectual Property Attorneys today for assistance regarding the registration of design rights in South Africa and abroad.
|
