FREQUENTLY ASKED QUESTIONS ON DESIGNS IN SOUTH AFRICA

Q 1. Can applications be filed to cover “functional” and “aesthetic” designs?
Yes, but separate applications must be filed for “functional” and “aesthetic”
designs. An “aesthetic” design as well as a “functional” design can be covered.

Q 2. Can Convention applications be filed on an urgent basis?
Yes, and for these urgent applications only the following information is required:
1. Full names and address of applicant.
2. Title.
3. Priority: Number; Date; Country.
4. Drawings.

Q 3. What details and documents are required for filing a design application in South Africa?
The following details are required:

1. Full name and address of the applicant. In the case of a body corporate the business or registered office address is required.
2. Title.
3. Details of the priority: country, number, date.
4. Drawings.
5. International classification. If this is not available, we could classify the application as required.

The following documents have to be filed:

1. A Declaration + Power of Attorney (D3). This is to be signed by the applicant or duly authorized representative of the applicant.
2. Formal drawings.
3. Priority document: A certified priority document for each priority claimed. If it is not in English, a certified translation is to be provided.
4. Assignment of Priority Rights: If the applicant of the South African application is not the applicant of the basic application then an assignment of priority rights from the original applicant is required.

Q 4. Are any documents to be notarized or legalized?
No, the Power of Attorney merely has to be signed. No notarization or legalization is required.

Q 5. When must all documents be filed?
The due dates for filing the various documents are as follows:

1. Priority document and translation: Within 3 months from filing the application.
2. Power of Attorney (D3) and Assignment: Within 6 months from filing.
3. Acceptance due: The acceptance is due within 12 months from filing of the application but an extension is possible.

Q 6. How long does it take before a design registration is issued?
If all documents have been filed, then acceptance can be expected within 6 months. Thereafter publication of the acceptance takes place in the Patents Journal and then the Registration Certificate is issued. The whole procedure from completion of all documents until grant of the design registration therefore normally is finalized within 12 months.

Q 7. Are South African design applications examined?
No examination for novelty takes place. It is left to the public to apply for cancellation of any granted design registration.

Q 8. What are the novelty requirements in terms of the South African Design Act?
An “absolute novelty” is required for a valid design registration (Designs Act Section 14(2)). However, provision is made for a 6 month grace period during which the design can be published without destroying novelty.

Q 9. Is there any opposition possible to South African design applications?
No opposition can be filed against a South African design application. A South African design application is granted on acceptance but any time thereafter an application for cancellation of the design registration can be filed.

Q 10. What about renewals?
Annual renewals become due from the end of the 3rd year from filing.

Q 11. What is the cost of a design application? Please refer to separate tariff.
Please refer to separate tariff.