COUNTRY : REPUBLIC OF SOUTH AFRICA
CAPITAL : PRETORIA
LANGUAGE : ENGLISH
MEMBER : BRICS, WTO, G-20
Following can file 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 12 months after disclosure which will still retain novelty.
In South Africa there are two types of Designs:
Prior to filing for registration, it is highly recommended to conduct a search so as to ascertain that there are no similar or identical marks registered or pending registrations resembling the proposed mark.
• A drawing or a model contrary to public order or morality.
i. Finding out whether such a design has been registered previously. ii. Preparing a representation of the design
Within 6 months from the date of filing of the application, formalities examination regarding compliance with all formal requirements is carried out.
Term of the Registration: Aesthetic Designs – term of 15 yrs. Functional Designs – term of 10 yrs.
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.