Designs Act

Registered Designs are governed in South Africaby the Designs Act, 1993 (Act 195 of 1993).

The Designs Act covers two dimensional designs such as a logo on a product and three dimensional designs such as the shape of the product.

The Designs Act is concerned with shape and configuration, not function. It stipulates that a visual feature may, but need not, serve a functional purpose.

If the design’s every visual feature serves a functional purpose, then common law states that the design is not registrable.

The Designs Act states that should an innovation be both, a visual feature, and serve a functional purpose, it may be registered.

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