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.