Registered Design
However, design registration is an area that is often underestimated and ignored by local designers. Registering a design obtains strong statutory protection for a period of up to 15 years. This protection grants exclusive rights for the designer to manufacture, import and/or use the design and prevents others from doing so. There are two types of design which can be registered in South African: aesthetic and functional designs. Functional designs are designs that have features which are necessitated by the function of the article to which the design is applied and can be registered for 10 years. Aesthetic designs are defined by their shape, configuration or ornamentation and can be registered for 15 years.
Should you require any assistance with Registered Designs, contact us here.
Registered Design Services
The filing and prosecution of registered design applications, and the enforcement of design rights, are handled by our Patents Department. A wide range of services are provided in regard to designs, including:
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Preparing, filing and prosecuting design applications
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Litigation on all aspects of design registrations
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Drafting of licences and other agreements
Obtaining grant of registered design can be a time-consuming and sometimes expensive process, but litigation can be even more costly. Mistakes must be avoided at all costs then, and Adams & Adams has more collective experience than any other law firm in Africa – particularly in dealing with applications and the defence of registered designs across the globe.
Intellectual property, although intangible, is a valuable asset on the balance sheet of any business, and designs are an important intellectual property element. It makes sense, then, to register the shape and nature of your design, your hard work and skill, in order to protect it from unprincipled individuals or organisations who would think nothing of using it for their own gain without benefit to you. There are a number of ways to commercialise a registered design, depending on the owner’s business model.
Design registration affords protection specifically directed at the visual features of an article, that is, the shape and appearance of an industrial article. This can be relied upon to prevent others from making, importing, using or disposing of articles within the same class and embodying the registered design or a design not substantially different from it. We can assist you with determining if an infringement on your design has taken place and litigate if an infringement is identified to ensure that your design is not exploited.
Contact One of Our Registered Design Service Professionals
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How can we help you?
We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.