Industrial Designs Law in South Africa
Here’s a detailed overview of Industrial Designs Law in South Africa:
🔹 Legal Framework
Primary Legislation:
The Designs Act, 1993 (Act No. 195 of 1993) governs the registration and protection of industrial designs in South Africa.
Administered by the Companies and Intellectual Property Commission (CIPC), under the Department of Trade, Industry and Competition (DTIC).
International Agreements:
South Africa is a member of:
The Paris Convention for the Protection of Industrial Property
The World Intellectual Property Organization (WIPO)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
South Africa is not a member of the Hague Agreement on international design registration but allows national registration.
🔹 What Can Be Protected
Industrial designs protect the visual design of objects, including the shape, configuration, pattern, or ornamentation applied to an article.
The design must be:
New (not previously disclosed to the public anywhere).
Have individual character — meaning it must create a different overall impression on the informed user compared to existing designs.
Designs dictated solely by technical function are excluded.
🔹 Registration Process
Application:
Filed with CIPC.
Includes:
Request form.
Clear representations of the design (drawings/photos).
Payment of prescribed fees.
Examination:
CIPC performs a formal examination (completeness, proper documentation).
There is no substantive examination regarding novelty or originality.
Publication:
Registered designs are published in the Patent and Designs Journal.
Duration:
Initial protection is for 5 years from the filing date.
Renewable for two further periods of 5 years each.
Maximum protection term: 15 years.
🔹 Rights and Enforcement
The owner has the exclusive right to make, sell, use, or license the design.
Infringement remedies include injunctions, damages, and the destruction or seizure of infringing goods.
Enforcement occurs through the South African courts.
🔹 Unregistered Designs
South Africa does not provide protection for unregistered designs.
Protection arises only from registration.
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