Industrial Design

South Africa

BASIC FACTS

Registrable Designs as per the Act
Followings are the Registrable Subject Matter for Industrial Design Protection: 1. An arrangement of colours or lines which gives a distinctive appearance to an industrial or handicraft object.
Designs not Registrable
Industrial Design Protection excludes the following: 1. Designs the use of which may undermine public order or offend public morality.
Non-convention Application
Yes
Convention Application
Yes
Utility Model Protection is provided under Industrial Design
Yes, Classified as "Functional Designs"
Type of Application
Convention Application and Non-Convention Application
Requirement for Novelty
Yes
Time Period
10 Years for Functional Design, 15 Years for Aesthetic Design
Effective Date
Priority Date

PROSECUTION

Number of Views Required
4
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Signed
Home / Foreign Registration Certificate, with required translation
Copy
Declaration of Use
No
Declaration of Ownership
Signed
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
12 Months
Deadline to File the Reply
6 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
At the Registrar's discretion
Time Frame for Issuance of Decision
N/A
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
4 Months
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Opposition Period
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A

RENEWAL

First Renewal will be due in the year
3rd Year
Subsequent Renewal will be due in the year
4th Year
Grace Period
6 Months
Time Frame for payment of Renewal before Due Date
6 Months
Time Frame for Issuance of Certificate
24 Months
Power of Attorney
Signed
Registration Certificate
Copy
Declaration / Affidavit of USE
N/A

RECORDALS

Recordals are Permissible for pending Application
Yes
Time Frame for Issuance of Certificate
12 Months
Change of Name / Legal form / Address
Power of Attorney Signed
Certified copy of extract from Registrar of Companies, with required translation Certified
Assignment
Power of Attorney Signed
Deed of Assignment Certified
Merger
Power of Attorney Signed
Deed of Merger Certified
License
Power of Attorney Signed
License Agreement Certified