Registered Designs

Registered designs are protected under the Designs Act nr. 195 of 1993. Registered designs include items according to their shape, pattern, configuration, and aesthetic value.

Registered designs thus include items designed for commercial exploitation and marketing because of their specific shapes, configuration, and or aesthetic qualities.

There are two main types namely aesthetic and functional.

Aesthetic protects the visual attractiveness and functional protects the configuration and subsequent usage.

• Aesthetic appeal.
• Must be novel.
• Must not be commonly found in the art field.
• Must be original.

There is a six months period from the release date in which the application must be filed. The protection commences from the date of release or application; whichever comes first.

Patenting requires a list of specifications; a search for novelty; assessment of usability to commerce, industry or agriculture.

With designing protection a search is also conducted, but reverse engineering is often applied to create a new design.

A design however, is not subject to inventive procedure testing as is the case with a patent. Patents are focused on the technical features whereas the shape of a ring for instance, can be protected simply because of its aesthetic value.

If you have recently designed an item that complies with the requirements for registration, you still have time to get it registered.

Contact us for help with the process or litigation aspects surrounding registered designs.