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The registered design has protection other than copyright for the business owner or the owner of the registered design against the copying and commercial exploitation of the design by another. Similar lines, colours, materials, lines, and shapes can thus not be utilized in another product design within the same class without the explicit permission of the original design rights holder by means of licensing agreement or transferring of rights.
In South Africa, a registered design affords protection to the owner thereof against copying and commercial exploitation of characteristics of an article regarding appearance, unlike where the invention itself is protected as is the case in a registered patent.
There are two sections in design rights which apply in South Africa. If the design is protected on grounds of appearance then it is an aesthetic design which has a period of 15 years protection against the copying and commercial exploitation of the design.
The other type of registered design is that of functional which gives protection against infringement of the design rights regarding function of the design as far as the appearance is needed because of the function. A protection period of ten years applies in this case.
Apart from the aesthetic and functional sections, designs also fall into one or more classes. To obtain protection against copying or exploitation of the item, it must be registered within a specific class or classes. This means that it has protection against infringement only in the classes within which it has been registered.
It is possible to register functional and aesthetical rights for the same article. Two separate applications should be completed for the purpose. It is necessary to file an application for every embodiment or variation of the article to ensure adequate protection.
Contact us today for assistance regarding infringement of a registered design, application to register a design or to setup a license agreement.
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