Design registration is an area that is often underestimated and ignored when considering IP protection for a product. Aesthetic and functional designs can be registered in South Africa and offers protection for the visual features of an article. Functional designs are designs that have features which are necessitated by the function of the article to which the design is applied and are valid for 10 years. 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.
A requirement for registration of a design is that it must be new. It is therefore important that it not be released to the public, for example by exhibiting or selling it, until such time as a design application has been lodged.
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