A design forms the aesthetic appearance or functional characteristics of an article you have created. This can be determined by merely looking at the article in front of you.
There are two types of design:
– Aesthetic design
– Functional design
– Aesthetic design: these are registered in part A of the Designs Register and pertain to the pattern, shape, configuration or ornamentation of the article. The characteristics of this article must appeal to the eye.
– Functional design: this pertains to the actual function that the article is to perform.
What is a Design?
Designs are regulated by the Designs Act 195 of 1993 and the registerability of a design will be determined by:
– Novelty: the design should be original and not commonplace. A design is said to be new if it does not form part of the state of the art immediately before the date of application for registration of the design or the release date of the design.
How long is a design valid for?
– 15 years for an aesthetic design
– 10 years for a functional design.
The design registration is subject to annual renewal fees payable from the 4th year of registration.