More than just a pretty face ... time for design protection

Wisely, there is provided in the South African Designs Act 195 of 1993 (the 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 fifteen 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 whole profit and advantage accruing by reason of the registration.

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.

For more details contact Design Law specialist Janice Galvad at Adams&Adams

Janice Galvad
Partner