A design refers to the features of shape, configuration, pattern or ornamentation which gives a product a unique appearance, and must be new and distinctive. Design registration is intended to protect designs which have an industrial or commercial use.

A registered design is legally enforceable and gives the owner exclusive rights to commercially use it, licence or sell it.

Designs

What is IP?

What is a Design?

Essentially a "Design" is about shape and features that appeal to the eye. Some designs are necessitated by function and others are aesthetic. Design is about the shape, form, appearance, pattern, ornamentation and configuration of a product or article for e.g. the design of a ring (Jewellery) is generally dictated by aesthetic features.

 

 

 

 

 

 

There are 2 types of designs which can be registered:

  1. An aesthetic design
    1. Has to be new and original
    2. Beauty is in its shape, configuration or ornamentation
    3. Must be able to be produced by an industrial process
  2. A functional design
    1. Has to be new and not commonplace
    2. Where the shape or configuration is necessitated by the function
    3. Must be able to be produced by an industrial process

The Lifespan of a Design

  • Protection is afforded to aesthetic designs for a period of 15 years, and to functional designs for 10 years.
  • Registered designs have to be renewed annually before the expiration of the third year, as from the date of lodgment.

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July 2017 is available online for viewing and download!!!

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