A registered design protects the appearance of art, unlike a patent which protects the underlying invention on which an article is based. The appearance of an object may be protected by way of a South African Registered Design. South African registered designs are divided and the different parts of the designs register include aesthetic and functional design.
Aesthetic designs protects the appearance of an article, irrespective of the aesthetic value thereof. The duration of an aesthetic design is 15 years.
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. The duration of a functional design is 10 years.
Designs are grouped into different classes of technology and a design application may be filed in one or more of the Locarno Classifications, to provide protection against infringing products falling in the same class. The protection is limited to articles falling in the same class for which the design has been registered.
Design Classes
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).
Process for obtaining Design Protection
It is important to keep your design confidential and not promote, sell, or share it publicly until a registered design application has been filed in South Africa. You can contact us to discuss how best to protect your design.
If you decide to proceed with registration, we will prepare the necessary design application, including detailed drawings or photographs of the design, once a deposit is received. The completed application will then be sent to you for review and approval. After you confirm that the documents are accurate and complete, we will submit the application to the South African Designs Office in Pretoria. You should only disclose your design once we have confirmed that the application has been officially filed.
Typically, registration takes around eight months from the filing date. If you plan to register the design in other countries, please let us know at the start of the process. International applications can be submitted within six months of the South African filing and may claim the same filing date as the original application.
Registered Design Duration
The duration of an Aesthetic design is 15 years.
The duration of a Functional design is 10 years.
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.
