registered designs

filing requirements in south africa

An application for registration of a design is made by filing seven representations of the design together with the necessary forms and revenue stamps at the Designs Office in Pretoria. The representations may be in the form of drawings, photographs or other pictures illustrating the relevant article in sufficient detail to clearly show the new and original features of the design.

The Designs Register is split into an aesthetic and a functional part. As mentioned before, it is possible to register a design for an article in both part A (aesthetic) and part F (functional) of the register. A part A registration may also be changed to a part F registration and vice versa at a later stage.

Where a design consists of a repeating surface pattern, each representation of a design must show the complete pattern and a sufficient portion of the repeat to disclose the design adequately.

The application must be made in one Locarno class. It is possible to file several applications in several classes, however. It is important that the design be correctly classified as protection is limited against infringers operating within the class specified. This is better understood by way of an example. If the design for a bottle having an original shape is registered in class 9 (for containers), and someone else starts making solid chocolates shaped the same way, it is not possible to stop the infringer, as chocolates fall under class 1 (for foodstuffs).

A definitive statement setting out the features of the design, for which protection is claimed, is required. The definitive statement is used to interpret the scope of legal protection afforded by the design registration.

A brief statement of not more than 100 words of the features of the design for which protection is required is mandatory. Unlike the definitive statement, this is not used to interpret the scope of the definitive statement.

Except in the case of integrated circuit topography or a mask work or a series of mask works, an explanatory statement is optional. When used, the explanatory statement may refer to features of the article including the function or the method or principle of construction of the article. The explanatory statement may be used to assist in interpreting the scope of protection afforded by the design registration.