A Design application usually takes about 8 months from the date of filing the application until notification of registration is received from the South African Designs Office. If foreign registered designs are to be applied for, we should be notified thereof at the outset, but foreign design applications may be filed in a number of countries within six months after the filing of a South African registered design. Such a design application may then claim the priority date of the South African design. In South Africa, the designs register is split into two sections.

Firstly, an aesthetic design protects the appearance of an article, irrespective of the aesthetic value thereof (such as cell phones covers or automobile designs). Secondly, a functional design protects the appearance of an article in as far as its appearance is necessitated by the function that the article is to perform (such as a paving stone or aluminium profiling). 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.

A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Even though the underlying principle of operation may be the same as a known article, a new appearance may be protectable by way of a South African registered design.

Design Applications in Africa

Algeria
Designs in Algeria are protected for 10 years from the filing date, with the option to extend for a further 9 years. Industrial designs are filed under the Locarno Classification, which sets out the classes and subclasses of goods incorporating the designs.

Botswana
Designs in Botswana are protected for 5 years from the filing date and may be extended for an additional 10 years. Industrial designs are filed under the Hague Agreement, which facilitates international registration and protection in multiple countries with minimal formalities. Botswana is also a member of ARIPO, allowing patents, designs, or trade marks to be registered with either the national intellectual property office or ARIPO.

Egypt
Designs in Egypt have a protection term of 10 years from the filing date, extendable for a further 5 years. Industrial designs are filed under the Hague Agreement, enabling international registration and protection across multiple jurisdictions.

Mauritius
Designs in Mauritius are protected for 15 years. The country is not a member of the Hague Agreement or the Locarno Classification.

Rwanda
Designs in Rwanda are protected for 5 years from the filing date, with the possibility of a 10-year extension. Industrial designs are filed under the Hague Agreement, allowing international registration and protection. Rwanda is also a member of ARIPO, meaning patents may be registered through either the national intellectual property office or ARIPO.

Seychelles
Designs in Seychelles are protected for 5 years from the filing date, with possible extensions of up to 10 years. Seychelles is not a member of the Hague Agreement or the Locarno Classification.