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It is important to be familiar with the registered design differences as you may need to register a design in both sections for complete protection or only in a specific section because it doesn’t qualify for both sections.
The main registered design differences between the aesthetic and functional sections are briefly explained below to help you make an informed decision regarding the appropriate section for your specific design.
Main Registered Design Differences
When it comes to an aesthetic design, the shape, pattern, ornamentation and configuration of the article must meet the requirements for an aesthetic design. The design is registered based on features that apply to visual appeal whether the features have specific aesthetic value or not.
When it comes to a functional design, the pattern, shape or configuration is assessed based on the article having the features necessitated by its function.
A functional design to be valid must not be commonplace in art and it must be new. For an aesthetic design the requirement is that it must be original and new.
In both cases, a design can only be valid upon registration if there was no information disclosed about it prior to the application filing date. In South Africa, a six months grace period applies from the date that information was publicly made known until filing date.
The proprietor is the author of the design or can also be the person for whom the work was done regarding the design or the person who gained the ownership of the design by means of a transfer of ownership.
The proprietor must file the application. It should also be noted that when an employee carries out instructions of an employer and makes a design that the design ownership belongs to the employer.
Contact us today as intellectual property attorneys to help you understand the registered design differences and ensure that you register your design in the right category and classes.
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