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Intellectual Property

South Africa

How long does a Design Application take?

Home / South Africa / How long does a Design Application take?

Design application usually takes about eight 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 have a duration of 10 years from the filing date which is extendable for a further 9 years. Industrial designs are filed according to the Locarno Classification which provides the classes and subclasses to which the goods incorporating the designs belong. 

Botswana designs have a duration of 5 years from the filing date which is extendable for a further 10 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities. Botswana is a member of ARIPO which means that patents, designs or trade marks may be registered with the official intellectual property office of Botswana or ARIPO.

Egypt designs have a duration of 10 years from the filing date which is extendable for a further 5 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.

Mauritius designs have a duration of 15 years and is NOT a member of the Hague Agreement or the Locarno Classification.

Rwanda designs have a duration of 5 years from the filing date which is extendable for a further 10 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.

Rwanda is a member of ARIPO which means that patents may be registered with the official intellectual property office of Rwanda or ARIPO.

Seychelles designs have a term of 5 years from date of filing with possible extensions of 10 years and is NOT a member of the Hague Agreement or the Locarno Classification.

What We Can Do For You

South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

World, International Protection

International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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