In South Africa, registered design rights fall into two main categories: aesthetic designs and functional designs. The distinction lies mainly in the purpose of the protection.

Aesthetic Designs

Aesthetic design rights protect the visual appearance of an article, including its shape, pattern, ornamentation, or configuration, as judged by the eye. The protection is based on the design’s unique appearance rather than whether it is considered attractive, since aesthetic appeal is subjective. Examples of aesthetic designs include jewellery, watches, furniture, bottles, shoes, light fittings, kitchenware, and vehicle body panels.

Functional Designs

Functional design rights protect features of a design that are determined by the article’s function. In these cases, the appearance of the article is linked to the way it works or performs. Examples of functional designs include tools, mechanical components, hinges, door handles, plumbing fittings, machine parts, and electronic device casings designed to accommodate specific internal components.

Understanding the difference between these two types of design rights helps determine the most appropriate form of protection for your product.
Read more about Registered Designs.

Different Requirements for Design Applications

While both types of designs are filed at the South African Designs Office under the Designs Act, the requirements and conditions for each differ slightly.

Aesthetic Designs

• Must be new and original at the date of filing.
• Protection is based on the visual features of shape, configuration, pattern, or ornamentation that appeal to and are judged solely by the eye.
• Can be registered in any class that covers the article’s intended use.
• The design must not have been made public anywhere in the world before filing (subject to the six-month grace period).
• The maximum duration of protection is 15 years from the filing date, provided renewal fees are paid every year.

Functional Designs

• Must be new and not commonplace at the date of filing.
• The features claimed must be dictated by the function the article performs.
• Certain designs are excluded, such as spare parts intended for repair purposes, or designs that are purely functional without any unique appearance.
• The design must also not have been made public before filing (subject to the same grace period).
• The maximum duration of protection is 10 years from the filing date, with annual renewals required.

Obtaining a South African Registered Design

First and foremost, KEEP THE DESIGN SECRET and do not market it or sell it until a South African registered design has been filed. Contact us to discuss the protection of your design. Should you wish to proceed with registration of a design, we shall, upon receipt of a deposit, prepare the design application including drawings or photos showing the design. The design application will, upon completion, be forwarded to you for approval. When you are satisfied that the application is complete, we shall file the design at the South African Design office in Pretoria.

In addition, designs are grouped into different classes of technology and a design application may be filed in one or more classes, to provide protection against infringing products falling in the same class. It is important to note that the protection is limited to articles falling in the same class for which the design has been registered. The classes into which designs are classified are set out at the end of this page.