Corporate & Commercial Law News South Africa

More than just a pretty face

For centuries humankind has been obsessed with ornamentation, with many an ancient burial site having revealed articles of adornment, still breathtakingly beautiful, mysterious, alluring and strangely familiar.
More than just a pretty face

So what's with this fascination with things beautiful? Countless hours, across many disciplines, have been, and continue to be, dedicated to our better understanding of this - one truth being that it is very likely that this fascination shall prevail for a long time to come.

Registered design protection

Wisely, there is provided in the South African Designs Act, registered design protection directed specifically to the shape and appearance of an article capable of multiplication by an industrial process. Protection is limited to the class in which the application is filed. Provision being made in the classification for articles of adornment, including fancy and imitation jewellery. There is a further class for clocks, watches and other measuring instruments.

The provisions of the Act effectively provide the proprietor of a design with the ability to protect his aesthetic design for a period of 15 years. The process is simple, quick and cost-effective. It provides the proprietor of the design with a monopoly in as far as making, importing, using or disposing of any article included in the class in which the design is registered and embodying the registered design, or a design not substantially different from the registered design, is concerned. Thus, the proprietor has and enjoys the entire profit and advantage accruing because of the registration.

Immeasurable commercial benefit

The commercial benefit of such monopoly, which can be effectively enforced, is immeasurable. We have noticed a growing trend in seeking this type of protection, with the additional tie-in to anti-counterfeiting activity.

About Janice Galvad

Janice Galvad is a partner, patent department of Adams & Adams.
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