South Africa: Zentia Trading v Eva Last Distributors – Design Rights Revoked

High Court decision underscores the strict novelty requirements for registered designs under South African law.

Important Topics

SOUTH AFRICA: ZENTIA TRADING V EVA LAST DISTRIBUTORS – DESIGN RIGHTS REVOKED

In Zentia Trading (Pty) Ltd v Eva Last Distributors (Pty) Ltd, the High Court revoked 16 registered designs relating to arched deck boards after finding that the designs lacked novelty due to prior public disclosure.

The Court held that Eva Last had made the designs publicly available before registration through unrestricted disclosures, including price lists and product installations without confidentiality safeguards. Even disclosure to a single third party was sufficient to destroy novelty, and procedural defects in the registration process further undermined the validity of the designs.

Key takeaway: Design owners must file applications before any commercial disclosure and ensure strict confidentiality prior to registration. Uncontrolled pre filing disclosures can be fatal to enforceability under South African design law. If you are developing or commercialising product designs in South Africa, Adams & Adams can assist with design filing strategies, confidentiality planning and enforcement to ensure your rights are secured before market disclosure. Please direct enquiries to mail@adams.africa.

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