What is a registered design?

The statute governing registered designs in the Republic of South Africa is the Designs Act no. 193 of 1993 which came into force on 1 May 1995. A registered design gives you a monopoly right, broadly similar to that given by patent, but the protection provided by a design is specifically directed at the shape or appearance of an article. A design registration can be relied upon to prevent others from making, importing, using or disposing of articles embodying your registered design or a design not substantially different from it.

Further, the restriction which existed under the previous Designs Act in respect of the registration of printed matter as a registered design, no longer exists under the current Act and printed matter can now enjoy design protection.

Although there is a fundamental difference between the nature and ambit of design protection and that of patent protection and although design protection is generally more limited in scope, design protection nevertheless constitutes an important adjunct to patent protection.

If you want more detailed information please click here to download our pamphlet on Registration of Designs.