Designs

Key Aspects of Our Designs Practice Area

Design services include:

subject matter and proprietor searches
drafting of design applications
filing of design applications
filing of foreign design applications
associated litigation

What is the purpose of a registered design?

A registered design protects the appearance of an article i.e. the shape, configuration, pattern or ornamentation, provided that the appearance is unique. The owner of a design registration has to exclusive right to stop others from making, using, selling and importing into the Republic, a product which embodies the design or a design not substantially different from the design.

Types of Designs

Under the Designs Act, a design may be classified as an aesthetic or a functional design.

Aesthetic Designs
An aesthetic design is defined as any design applied to any article, whether for the pattern or the shape or the configuration or the ornamentation thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof.

Functional Designs
A functional design is defined as any design applied to any article, whether for the pattern or the shape or the configuration thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which are necessitated by the function which the article to which the design is applied, is to perform, and includes an integrated circuit topography, and a series of mask works.

Accordingly, the register of designs is divided into two parts: Part A, in which are recorded aesthetic designs; and Part F, in which are recorded functional designs. Aesthetic and functional design applications may be filed for the same article.

Effect of Registration of a Design
The effect of registration of a design is to grant to the registered proprietor in the Republic, for the duration of the registration, the right to exclude other persons from making, importing, using or disposing of any article included in the class in which the design is registered and embodying the registered design or a design not substantially different from the registered design.

Design services include:

subject matter and proprietor searches
drafting of design applications
filing of design applications
filing of foreign design applications
associated litigation

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Contact our patent practitioners for more information:

What is the difference between design registration and patent?

A design protects how a certain article looks i.e. the appearance of the article. A patent protects the underlying concept of the invention i.e. how it works.

How do I register a design in South Africa?

In order to obtain design protection in South Africa, an application must be filed at the Designs Office. A design application must comply with certain formal requirements. Rademeyer Attorneys is able to assist with all design applications.

Types of designs

1Aesthetic Designs

An aesthetic design is defined as any design applied to any article, whether for the pattern or the shape or the configuration or the ornamentation thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof.

2Functional Designs

Functional Designs A functional design is defined as any design applied to any article, whether for the pattern or the shape or the configuration thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which are necessitated by the function which the article to which the design is applied, is to perform, and includes an integrated circuit topography, and a series of mask works.

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