Commercialisation of designs

Commercial value and registrability

The registrability of a design is not a measure of its commercial value. In other words, a design may be registrable but it may have little commercial value. Conversely, the likelihood of obtaining a valid registered design may for one or other reason be small, but the applicant may nevertheless be prepared to incur the cost of filing a design application because of the commercial potential of the design.

Marking

Articles embodying the registered design, and any packaging or advertising of the article, should be marked with the design registration number, eg. ‘RSA REG DES NO. F99/1234’.

Abuse of rights

Any interested person who can show that the rights in a registered design are being abused in the manner outlined in the Act, may apply to the court in the prescribed manner for the granting of a compulsory licence in respect of the registered design.