SOUTH AFRICA

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Design

Forms part of

Paris Convention;
WIPO;
WTO / TRIPS
The Hague Agreement for the International Deposit of Industrial Designs (South Africa’s accession to the Hague Agreement has been approved, however such accession has not been affected); and
The Locarno Agreement Establishing on International Classification for Industrial Designs.

Functional & Aesthetic Designs.

The Locarno International Classification is used.

Absolute novelty applies.

If a design has been made available to the public, the application must be filed within 6 months of the release date. An exception to this rule is the case of integrated circuit typographies and mask works, for which the application must be filed within 2 years of the release date.

Design applications are examined as to compliance with formal requirements only; i.e. the novelty of the design is not assessed.

An aesthetic design registration endures for 15 years, and a functional design for 10 years. The time period is calculated from the date of application or from the release date whichever date is earlier. This duration is subject to the payment of annual renewal fees.

There is no working requirement for industrial designs.