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The completion of the application form with the correct design rights information is important to ensure optimal protection against infringement in future.
As such we recommend that although you may apply directly as an individual or company that you will make use of our services as intellectual property attorneys in South Africa.
The first step before completion of the application forms should be to conduct a design rights information search.
The more comprehensively it is done, the smaller the risk of infringing on another person’s design rights unknowingly. You don’t want to register a design which may become invalid six months from now because it is similar to another registered design in the same class.
The novelty search is conducted by doing a database search for any disclosures or publications of similar registered or pending designs. In addition to patent journals we also do a search at CIPRO for registered designs.
Since there may not have been any design rights information disclosed before the application you will also appreciate our guidance in the matter.
Should you already have disclosed information about your design or have released the design publicly, you must apply for design rights within six months from the disclosure or release date.
When completing the application form you must decide in which class or classes you want to register the design. The design will only provide you with exclusive usage, production, distribution and commercial exploitation rights within the class registered.
It is possible to register the design in multiple classes. You will also have to decide whether you want to register an aesthetic or functional design or want to apply for both.
The expertise offered by our intellectual property attorneys regarding design rights information will prove to be valuable.
Contact us at Smit & Van Wyk Attorneys today to assist you with the application for a registered design.
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