Who owns a design?

The owner, also referred to as the proprietor of the design, is usually the author of the design. However, if the author of the design executes the work for another person, that other person is usually the owner. If a person makes a design for his employer in the course of his employment the employer is generally the owner of the design. The author of a design may also assign or transfer the design to another party, in which case the assignee/transferee becomes the proprietor of the design. The proprietor of a design can be a natural person or a legal person such as a company or close corporation.

Who can file a design application?

The Act provides that a design application must be filed by the proprietor of the design.

What is the effect of a design registration?

The effect of a design registration is to grant to the registered proprietor in the Republic, the right to exclude others from making, importing, using or disposing of articles included within the class in which the design is registered, which articles embody the design or a design not substantially different.

What is the duration of a registration?

The duration of a design registration, subject to the payment of renewal fees, is:

• an aesthetic design: 15 years
• a functional design: 10 years.