patent a design in south africa

REGISTERED DESIGNS

Our Intellectual Property Group provides clients with a full range of legal services relating to the acquisition, enforcement and commercialisation of intellectual property rights.

These services include counsel and handling of transactions in cases involving patents, copyrights, trade marks, designs, licensing, and data security. The partners and associates in our Intellectual Property Group also litigate these issues in courts across Africa. Adams & Adams is the largest IP firm in Africa and is ranked among the leading firms in Intellectual Property in the world.

What Is a Registered Design?

South Africa has many talented designers active in the field of furniture and lighting, cutlery, crockery, textiles, jewellery and wine and product labels. South African designers and their product designs are highly regarded both locally and internationally and many of them have exhibited, and sold their products overseas. Some of the local trend setters are Haldane Martin, Heath Nash, Gregor Jenkin and Anatomy, to name a few. Many local architects have become involved in designing furniture and interiors to complement their designs. Architects Silvio Rech and Lesley Carstens are pioneers in this field.

Design registration is an area that is often underestimated and ignored by local designers. Aesthetic and functional designs can be registered in South Africa. Functional designs are designs that have features which are necessitated by the function of the article to which the design is applied and are to a lesser extent relevant for this discussion. Aesthetic designs are more common and very relevant in the world of designs and can be utilised to obtain strong statutory protection for a period of 15 years.

Adams & Adams 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:

  • Preparing, filing and prosecuting design applications
  • Litigation on all aspects of design registrations
  • Drafting of licences and other agreements

Contact one of our registered designs law professionals

  • Alexis Apostolidis

    Alexis is a leading expert on the interface between competition law and intellectual property in South Africa, having dealt with the competition law aspects of the enforceability of intellectual property rights to the Supreme Court of Appeals in South Africa. He has represented clients both before the South African Competition Commission and Competition Tribunal.

  • Colin MacKenzie

    Colin MacKenzie’s involvement with intellectual property law spans three decades. Colin qualified as a mechanical engineer in 1982 and worked for a company specialising in the design and manufacture of military equipment.

  • Danie Dohmen

    Danie Dohmen is a partner at Adams & Adams in the patent litigation section. He specialises in patent, design, plant breeder’s rights and intellectual property agreement litigation, commercialisation and opinion work. Danie has for a number of consecutive years been ranked in tier 1 for patent litigation in South Africa.

  • Dario Tanziani

    Dario has 31 years’ post qualification experience and has represented a variety of multinational research based pharmaceutical companies in blockbuster drug patent litigation leading to landmark decisions in this field.

  • James Davies

    James is a patent attorney with an electronic and computer background, and with a genuine interest in these things and all things technological. James works in the patent department, mainly assisting local clients in filing and prosecution patent and design applications in South Africa and indeed all over the world.

  • Janice Galvad

    Janice Galvad is a Partner in and the Chairperson of the Patent Department at Adams & Adams. She has been a Partner at the firm since 2004.

  • Johnny Fiandeiro

    Johnny is a patent partner in the Johannesburg office of Adams & Adams. He has a BSc Eng (Electrical) from Wits University, and an LLB from UNISA.

  • Louis van der Walt

    Louis van der Walt is a partner in, and past Chairman of, the Patent Department of Adams & Adams and advises clients in relation to the preparation and filing of patent applications, registered design applications and plant breeders’ rights.

  • Nicky Garnett

    Nicky Garnett is the Head of the Africa Patents of the Patent Department, a position she has held since 2008. Nicky is originally from Zimbabwe and moved to South Africa in 2008.

  • Nthabisheng Phaswana

    Nthabisheng is a partner in the Africa Patent Department. She holds LLB and LLM (Mercantile Law) from the University of Pretoria. She is an admitted attorney with 11 years post article experience.

  • Philip Pla

    Philip Pla is a partner in the patent department in the firm’s Cape Town office.

  • Pieter Visagie

    Pieter is a registered patent attorney. His practice is focused on the drafting of patent specifications and the prosecution of patent applications both locally and abroad. In this respect, Pieter has had extensive exposure to the prosecution practices of the patent offices of most major foreign jurisdictions, including the United States Patent Office, the European Patent Office, the Chinese Patent Office, the Japanese Patent Office, the Australian Patent Office, etc.

  • Russell Bagnall

    Russell Bagnall has advised clients on several contentious issues involving pharmaceutical disputes between multinational and generic companies. He also advises pharmaceutical clients on a wide range of issues, including licence and distribution agreements, co-promotion agreements and regulatory issues.

  • Vishen Pillay

    Vishen has drafted and prosecuted patent and design applications on behalf of many South African Universities, Science Councils, US Fortune 500, and South African Top 100 companies.

  • Wilhelm Prozesky

    Wilhelm specialises in the management of foreign clients’ patent and design portfolios in South Africa. The majority of Wilhelm’s clients comprise a wide range of overseas-based multi-national enterprises.

  • Wynand Fourie

    Wynand Fourie is a partner in the firm’s patent department and holds an electronic engineering degree from the University of Pretoria together with a law degree.

  • Deborah Marsicano

    Ms Marsicano is a patent attorney who specialises in domestic and international patent and design matters.

  • Ramon Pereira

    Ramon specialises in the management of foreign clients’ patent and design portfolios in South Africa within the Patent Overseas Filing Section, with the majority of his clients comprising a wide range of overseas-based multi-national enterprises.

  • Sophia Smallbones

    Sophia is a qualified patent attorney and an associate in Adams & Adams’ patent litigation department. She holds BSc Chemical Engineering (with Honours) and LLB degrees, both obtained from the University of Cape Town. Sophia is primarily involved litigation matters in the fields of patents, designs and copyright law.

  • Thapelo Montong

    Thapelo is an admitted attorney as well as a registered patent attorney in the Johannesburg office of Adams & Adams. He has a BSc Eng (Metallurgy & Materials Engineering) degree from the University of the Witwatersrand, and a LLB from UNISA.

  • Anri Bezuidenhout

    Anri Bezuidenhout is an Associate in the Patent Department of Adams & Adams. She holds a degree in chemical engineering as well as a law degree. Anri is an admitted attorney of the South African High Court and a qualified patent attorney.

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We have offices in Pretoria, Johannesburg, Cape Town, and Durban, please contact your nearest office for any legal enquiry or assistance.

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