- SOUTH AFRICA
- BENIN – OAIP
- BURKINA FASO – OAPI
- CAMEROON – OAPI
- CENTRAL AFRICAN REPUBLIC – OAPI
- CHAD – OAPI
- CONGO REPUBLIC – OAPI
- EQUATORIAL GUINEA – OAPI
- GABON – OAPI
- GUINEA – OAPI
- GUINEA BISSAU – OAPI
- IVORY COAST – OAPI
- MALI – OAPI
- MAURITANIA – OAPI
- NIGER – OAPI
- SENEGAL – OAPI
- TOGO – OAPI
- BOTSWANA – ARIPO
- ESWATINI – ARIPO
- GAMBIA- ARIPO
- GHANA – ARIPO
- KENYA – ARIPO
- LESOTHO – ARIPO
- LIBERIA – ARIPO
- MALAWI – ARIPO
- MOZAMBIQUE – ARIPO
- NAMIBIA – ARIPO
- RWANDA – ARIPO
- SIERRA LEONE – ARIPO
- SUDAN – ARIPO
- TANZANIA – ARIPO
- UGANDA – ARIPO
- ZAMBIA – ARIPO
- ZIMBABWE – ARIPO
COUNTRY : REPUBLIC OF SOUTH AFRICA
CAPITAL : CAPE TOWN
LANGUAGE : ENGLISH
MEMBER : WIPO, WTO, BERNE CONVENTION, PCT, PARIS CONVENTION, COMMONWEALTH OF NATIONS, BRICS, G77, G20, G8+5, SOUTHERN AFRICAN CUSTOM UNION
APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION:
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
Two or more persons owning interests in the design must apply jointly.
REQUISITES FOR FILING INDUSTRIAL DESIGN APPLICATIONS:
- Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) – photographs in jpg format
- The full name and address of each creator;
- The full name and address of each applicant;
- The name of article to which the design is applied;
- The filing date, application number and country of the priority application; and
- The priority document
- Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
- Full payment of fees.
Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the Controller General so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.
Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, in South Africa, applicant can file the application within 06 months after disclosure which will still retain novelty.
TYPES OF INDUSTRIAL DESIGN APPLICATIONS SOUTH AFRICA:
In South Africa there are two types of Designs:
(i) Aesthetic Designs:
– which must be new & original
– must be able to be produced by an industrial process
– applicable to shapes, configurations, ornamentations
(ii) Functional Designs:
– which must be new & original – must be able to be produced by an industrial process
– applicable to shapes and / configurations which are necessitated by the functionality of the designs
– must not be commonplace in prior art of the intended design Ordinary application.
An ordinary application does not claim priority.
Convention application calming priority .
A convention application claims priority of an application filed previously in a convention country.
(Deadline for claiming priority for a design application in South Africa is 6 months from the filing date of the priority application)
KINDS OF INDUSTRIAL DESIGNS REGISTRABLE:
To come under the scope of registration, a Design should:
- Be new and / or original
- Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
- Be significantly distinguishable from known designs or combination of known designs.
- Not contain scandalous or obscene matter, or be contrary to public order or morality.
- Not be a mere mechanical contrivance.
- Be applicable to an article, should appeal to the eye.
The following will be registrable as Designs:
Arrangement of lines / colours provided:-
– such arrangement gives a special appearance to the industrial product.
– such arrangement serves as a pattern for the manufacturing of such product. – full novelty of the subject matter of designs to make it registrable.
Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.
Aspects of Designs registrable:
- Two Dimensional, Three Dimensional, general appearance of a design.
- Contours, Colours, Shapes and Textures
- Material out of which the design is made
- Decoration of the design • Packaging, Graphic Symbols, Typographic Typefaces
KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE:
- A drawing or a model contrary to public order or morality.
- A drawing or a model that relates to a computer program.
- A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.
- A product that needs to be combined with another product, so that each can perform its function.
- Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. However, a 12 months exception is given to this rule.
- Designs which are not significantly distinguishable from known designs or combination of known designs or
- Comprises or contains scandalous or obscene matter.
ParityPatents through it’s associate Law Firms in South Africa, is at hand to help you with Industrial Design registration and prosecution.
STEPS TO INDUSTRIAL DESIGN REGISTRATION:
- Finding out whether such a design has been registered previously.
- Preparing a representation of the design.
- Identifying the class of design.
- Providing a statement of novelty.
- Including a disclaimer that the design has not been in the public domain at any point in time.
- Claiming a priority date if the design Is registered in other countries.
- Determining the fee to be paid.
- Ensuring all enclosures are attached.
- Complying with objections if any.\ Providing full details pertaining to contacts and addresses.
ParityPatent along with specialised Industrial Design Lawyers and attorneys in South Africa can assist you comprehensively with registration and protection of new Industrial Design at national office.
EXAMINATION PROCESS OF INDUSTRIAL DESIGNS:
Within 6 months from the date of filing of the application, formalities examination regarding compliance with all formal requirements is carried out.
If any of the compliances found not to be in order or any other objection raised by the examiner, the applicant to respond timely else, application is treated as abandoned.
If all the compliances in place, in the 7th month:
– Notice of registration is issued to the applicant
– Applicant to perform his duty of advertising the notice in the patent journal
– Applicant to submit the notice to the patent office for publication in the patent journal
– Certificate of Registration issued to the applicant post publication in the patent journal
PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS:
As per Regulations published.
TERM OF INDUSTRIAL DESIGN PROTECTION:
- Aesthetic Designs – term of 15 yrs.
- Functional Designs – term of 10 yrs.
Renewals have to be requested timely.
Our attorneys will assist you with renewals and maintenance of industrial design in South Africa.
BENEFITS OF INDUSTRIAL DESIGN REGISTRATION:
WHY PROTECT DESIGNS IN South Africa? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.
BENEFITS OF INDUSTRIAL DESIGN REGISTRATION IN South Africa: Certain countries that follow cumulative protection of Industrial Designs by Copyright as well as Design laws have the ‘Unity of Art’ principle that needs to be followed meaning, entitlement to copyright for applied and other art work shall be determined through the same criteria. In today’s highly impulse driven and temperament market, industrial designs provide the requisite edge to push products into consumers’ psyche. Such is he craving for fashionable and well crafted products that looks can often be equally or more important that the products’ functionality itself.
Registration of Industrial Design Rights becomes a valuable asset which gives the following benefits:
RIGHTS OF THE DESIGN OWNER:
- Designs confer on its holders or successors an exclusive right to work the Design.
- Owner may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell product resulting from Design registration.
- Owner may authorise the working of the Design either by a manufacturer or by an importer and also: – assign, lease or licence the patent. – entitled to take legal action against infringers. – entitled to retain moral right over the invention as ‘the author of the invention’.
- Design can be pledged for which it has to be registered in the patent register to become effective. Marking of products resulting from Design registration have to be marked so as to imply knowledge of registration by the infringer and without marking, penalties as prescribed can not be imposed.