In South Africa, the law of designs is governed by the Designs Act, No. 195 of 1993. This Act allows for the registration of two types of designs:

1. Aesthetic designs: These are designs judged solely by their appearance (such as the pattern, shape, or configuration of an article), with protection lasting for 15 years, subject to annual renewal fees.
2. Functional designs: These are designs dictated by the function of the article (such as shapes necessary for its use). Functional designs are protected for 10 years, provided annual renewals are maintained.

What Rights Does a Registered Design Provide?

A registered design gives its owner(s) the right to prevent others in South Africa from making, using, importing, or selling any article that looks the same or substantially similar to the registered design. These rights apply to articles within the same category as the registered design.

What Makes a Design Eligible for Registration?

A design can be registered if it is new, meaning it is different from anything that has been made available to the public anywhere in the world. Unlike patents, however, you can file for design registration up to six months after publicly disclosing your design, though it is generally advised to file as soon as the design is finalised.

The Design Registration Process 

To protect your design, an application must be filed with the South African patent office. The application includes:

• Official forms.
• A description of the design’s features.
• Clear representations (such as photographs or drawings) of the design.

A South African design registration provides a six-month window for you to file the same design in most other countries. Similarly, you can file for South African registration within six months of a first application filed abroad.

Like patents, the South African patent office does not examine the novelty of a design. A design will be registered if all formalities under the Designs Act are complied with.

Remedies for Design Infringement

If someone infringes your registered design, you may be entitled to the following relief:

• An interdict (court order) against the infringer.
• An order for the surrender of any infringing products.
• Damages or a reasonable royalty, at your discretion.
• Recovery of legal costs.

How We Can Help

At Wolmarans and Susan Inc., our professional services include:

• Preparation and filing of South African, foreign, and international design applications.
• Legal opinions on the validity and enforceability of registered designs.
• Enforcement of our clients’ design rights.
• Defend against design infringement claims.
• Conducting due diligence investigations for registered designs.
• Management and structuring of our clients’ design portfolios.

Contact us today to protect your designs and ensure they’re legally safeguarded.