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...

Patent & design applications are not mutually exclusive, and there are many instances in which it would be advantageous to file both patent & design applications for the same new product. In such a case, the patent would typically aim to protect the broad inventive concept of the product,...

South African registered designs may be filed for the appearance of an article, provided that the particular appearance is new when compared to other articles of a similar nature. In South Africa, designs are protected in terms of the South African Designs Act No. 195 of...

A South African Design may be protected in terms of the The South African Designs Act No. 195 of 1993 which gives the owner of a registered design control over their design for a limited period in South Africa. A South African registered design does not protect the underlying concept of...

Wessel van Wyk and Kimberley Rose Smith contributed to the Design Rights: Functionality and Scope of Protection publication. Read their contributions on the following pages:Requirements for Design Protection SOUTH AFRICA – page 495Scope of Protection SOUTH AFRICA – page 511 The following...

What is industrial design? An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour. Industrial designs are...

Design protection in South Africa is awarded based on the article appearance and not the underlying invention of the article. Design protection is cheaper than patent protection and is often in used combination with trademarks, patents, and copyright to gain maximum protection for an article...

Registered designs (South Africa) must be renewed within the allotted timeframe and must be done on the 3rd anniversary of the registration. There is a six months grace period for the payment of the renewal fees, but it should be noted that a fine is also payable. What...

Applications for design registrations are filed at the Companies and Intellectual Property Commission in Pretoria. Some designs are necessitated by function and others are aesthetic, although it is also possible to register your article for both. In addition, it is important to note that the...

The difference between aesthetic and functional designs are briefly explained below to help you make an informed decision regarding the appropriate section for your specific design. In both cases, a design can only be valid upon registration if there was no information disclosed about it prior to...

Industrial designer Scott Summit founded Bespoke Innovations in 2010 in collaboration with an orthopaedic surgeon, to create breathtaking artificial limbs that the patients themselves can choose and personalize. Summit, who has more than 20 patents to his name also founded an industrial design...

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...

Concept design is a form of illustration where the main goal is to present a design for use in films, games, animation, or products, cars, buildings, before it is put into the final form. Concept design is also referred to as visual development or concept art. A concept artist is an...

The IDA (International Design Alliance) is a venture between the international organizations that represent design and aim to bring the benefits of design to world bodies, governments, business and society. The International Design Alliance was created by founding partners ICSID and Icograda....

Design rights refer to the intellectual property rights associated with the shape, patterns, and configuration of an item, combination of texture, shape and patterns as well as ornamentation associated with an item. Such rights become enforceable by law upon registration. It is important to...

Design applications don't have not be complicated although the various terms and conditions may become confusing. 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. Read more about...

South African design rights fall into two major categories, that of aesthetic and functional. The difference between aesthetic and functional design rights lies mainly in the purpose. Aesthetic design rights are awarded on the basis of the appearance of an article. It doesn’t matter whether it is...

An enforceable right is only obtained once a design has been registered. A design is only registered by the South African Designs Office a few months after filing of the design application. You do not have an enforceable right until such time...

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...