DR SAMANTHA GREGORY ATTORNEYS                        PATENTLY DIFFERENT  ®     
                               Intellectual Property Law Specialists                               

Registered Designs

A registered design protects the new shape, configuration, ornamentation and pattern of an article.

A registered design protects the new shape, configuration, ornamentation and pattern of an article.

Functional designs are distinguished from aesthetic designs in that the article must have features that are necessitated by the function that the article must perform. The same article may be registered as both a functional and aesthetic design.

The design of the article must be new and original (aesthetic) or new and not commonplace in the prior art (funtional) to obtain a valid design registration.

The South African Design legislation provides for a 6 month grace period following the release of the article to the public to file the application.

The initial South African application may be used to claim priority in foreign jurisdiction applications.

 

Maintenance of Registered Designs

Renewals are payable from the 3rd year of the registered design's life span. Functional designs have a term of 10 years and aesthetic designs, a term of 15 years.

 

Infringement of a Registered Design

A valid, granted design must be obtained before one can sue for infringement of the design right.

Any person or legal entity that makes, imports, uses or disposes of any article included in the class in which the design is registered may be sued for registered design right infringement.

 

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