A business seeking design protection in several countries needs to consider how each jurisdiction will classify its product. Even where classification systems share a common structure, applicants should check whether the descriptions and categories used in an overseas application are appropriate for a South African filing.

The forthcoming 16th edition of the Locarno Classification provides an opportunity to review those assumptions. It enters into force on 01 January 2027, and the World Intellectual Property Organization (WIPO) has already published an advance version for applicants and practitioners to consult. Its introduction does not, however, automatically amend South Africa’s domestic classification framework. WIPO’s announcement.

The role of the Locarno Classification

The Locarno Classification organises goods for the purposes of registering industrial designs. Its classes, subclasses, product indications and explanatory notes provide a common reference for identifying the goods to which a design relates. Using a shared classification system also facilitates searches and the exchange of design information between intellectual property offices.

WIPO periodically revises the classification through its Committee of Experts, with new editions published every two years since 2017. Applicants preparing filings for 2027 should therefore consult the forthcoming edition to establish whether changes affect the classification or description of their products. WIPO’s classification guidance.

Classification must nevertheless be distinguished from eligibility for protection. The inclusion of a product in the Locarno Classification does not establish that a design relating to that product can be registered in every jurisdiction. The Locarno Agreement expressly leaves the nature and scope of protection to the countries concerned. WIPO’s explanation of the classification’s legal role.

South African applications require a separate assessment

South Africa is not a contracting party to the Locarno Agreement, although its domestic design classification framework is based on the Locarno Classification. In South Africa, applicants must consider the Designs Act and the classification framework prescribed under the Designs Regulations, including Schedule 3. Accordingly, an international classification update must be considered alongside those domestic requirements, rather than treated as an automatic change to local filing practice.

For an applicant extending a design portfolio to South Africa, the practical task is to check the proposed classification against the applicable South African schedule. An overseas filing provides a starting point, but its terminology should be reviewed in the context of the local application and the article to which the design is applied.

Particular care is appropriate where the subject matter involves a graphical user interface, a screen display or another digital visual feature. Applicants need to establish both how the proposed design should be classified and whether the subject matter meets the requirements for protection under South African law. A classification entry alone cannot resolve the latter enquiry.

Preparing for filings in 2027

Businesses and their advisers can use the advance publication to review planned applications before the new edition takes effect. For portfolios covering several jurisdictions, that review should consider the relevant product indications, the requirements of each receiving office and the consistency of the descriptions and representations used across the applications.

Any differences should be addressed during preparation, while there is time to obtain local advice and settle the filing approach. Simply carrying a class number or product description from one jurisdiction into another risks overlooking requirements specific to the market in which protection is sought.

The forthcoming edition also offers an opportunity to consider whether closer alignment of South Africa’s classification schedule with international developments would improve clarity for applicants. In the meantime, businesses should prepare their South African applications against the domestic framework applicable at the time of filing.

KISCH IP assists businesses and international associates with the classification and preparation of South African design applications, including their coordination with broader international filing programmes.