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Introduction To Registration Of Designs
Designs are registered to protect the appearance of an article and as such the functional purpose of the article is not protected as would be the case with patents.
Redesigned articles for the purpose of visual appeal or to fit the function better can thus be registered as designs.
Items which are thus not completely new, but by means of their appearance caused by changes in design can thus be registered as designs affording one the ability to register articles for intellectual property protection which would not meet the requirements for patentability. The design registration thus protects the outer form of the article and not the underlying function.
It should be noted that the requirements for the registration of designs differ from country to country. There are however, certain similarities in requirements such as that the article must be new, that it must be original and that the shape, lines, contours and patterns must contribute to its individual character.
Designs must be new and not only in the particular country, but all the countries around the world. As such it must thus not be commonplace in the specific art.
No disclosure or release of the design may have taken place anywhere in the world before the application date. In South Africa a grace period exists from the date of disclosure or release to application filing. This period is six months.
It is recommended that one makes use of a design and trademark attorney regarding the application process and the design search.
The search is conducted specifically to determine whether the design is new. Although one may think it unnecessary to conduct such a search, if done in-depth it could save a person a whole lot of trouble and money in the long run.
If there is already such a design or one similar to it registered in a specific class, then it would be a waste of time and money to file the application.
Contact us for assistance regarding the registration of designs in South Africa and abroad.
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