Designs

A design registration can be applied for in respect of the shape or configuration of an article if the shape or configuration of the article has eye appeal and is novel.


As visual appeal is one of the considerations which influence the decision of customers to prefer one product over another, registered designs serve the important function of protecting one of the distinctive elements by which manufacturers achieve market success.


In South Africa registration for an aesthetic or a functional design may be obtained as long as the article incorporates novel features of shape, configuration, pattern or ornamentation.


A registered aesthetic or functional design gives the owner of the design the right to exclude other persons from making, importing, using or disposing of any article in the class in which the design is registered and embodying the registered design or a design not substantially different from the registered design, so that the owner shall have and enjoy the whole profit and advantage accruing by reason of the registered design.