Registered Designs

Designs involve substantial investment. Registering designs prevents the blatant copying of a design and should often be used with other forms of intellectual property (IP) protection such as patents and trade marks. Although a registered design only safeguards the appearance of an article and offers a limited form of protection, it is beneficial to register. A product may be the subject of both patent and design protection - patents and registered designs should not be viewed as mutually exclusive.

Our designs team has the necessary technical and legal qualifications as well as experience in the preparation, filing, prosecution and renewal of design applications across Africa and the Caribbean.

We also work with local South African-based design owners to assist with their portfolio in other countries.

Our litigation and anti-counterfeiting teams are at hand should any enforcement issues arise such as oppositions against design applications.

Important considerations when filing designs in Africa

  • Sufficient lead-in time is essential to protect designs across Africa - the prosecution timeframe in each country depends on the type of system, whether examination is involved, resources at each registry and their capacity to handle volumes
  • Determine which countries have design laws; are members of the Hague Agreement, are members of the Paris Union and recognise Convention priority claims; design registrability requirements and which countries may be designated in one of the two regional organisations (ARIPO and OAPI)
  • Although separate design applications must be filed in each country where design protection is required, some countries allow multiple designs to be covered in one application
  • Time periods for filing design applications are shorter than for patents, and corresponding applications in other jurisdictions must be filed within six months of the first priority application having been filed
  • There are international agreements, which make it possible to file a single application for registration of a design in a number of countries. The Hague Agreement provides for the registration of industrial designs in multiple jurisdictions by filing a single design application at WIPO in Geneva

contact us for further information.

The Team

Lance Abramson

Johannesburg, South Africa

Partner

l.abramson@spoor.com

+ 27 11 994 5111

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Tertia Beharie

Pretoria, South Africa

Partner

t.beharie@spoor.com

+ 27 12 676 1022

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Dina Biagio

Pretoria, South Africa

Partner

d.biagio@spoor.com

+ 27 12 676 1112

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Keith Brown

Pretoria, South Africa

Partner, Chairperson of the Partnership

k.brown@spoor.com

+ 27 12 676 1017

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Lodewyk Cilliers

Pretoria, South Africa

Partner

l.cilliers@spoor.com

+ 27 12 676 1045

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David Gilson

Pretoria, South Africa

Partner

d.gilson@spoor.com

+ 27 12 676 1047

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Dirk Hanekom

Cape Town, South Africa

Partner

d.hanekom@spoor.com

+ 27 21 673 4405

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Craig Kahn

Pretoria, South Africa

Partner

c.kahn@spoor.com

+ 27 12 676 1110

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Margaret Le Galle

Jersey, Channel Islands

Director

m.legalle@spoor.co.uk

+ 44 1534 838 032

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John McKnight

Johannesburg, South Africa

Partner

j.mcknight@spoor.com

+ 27 11 994 5102

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Hugh Moubray

Pretoria, South Africa

Partner

h.moubray@spoor.com

+ 27 12 676 1025

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Danie Pienaar

Pretoria, South Africa

Partner

d.pienaar@spoor.com

+ 27 12 676 1014

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Herman van Schalkwyk

Pretoria, South Africa

Partner

h.vanschalkwyk@spoor.com

+ 27 12 676 1113

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Lorna Findlay

Pretoria, South Africa

Associate

l.findlay@spoor.com

+ 27 12 676 1021

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Marco Vatta

Pretoria, South Africa

Candidate Attorney

m.vatta@spoor.com

+ 27 12 676 1016

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Heather Donald

Pretoria, South Africa

Consultant

h.donald@spoor.com

+ 27 12 676 1035

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Alison Dyer

Cape Town, South Africa

Consultant

a.dyer@spoor.com

+ 27 21 673 4414

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Kevin Bacon

Jersey, Channel Islands

Patent Prosecutions

k.bacon@spoor.co.uk

+ 44 1534 838 036

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Amanda Banks

Jersey, Channel Islands

Patent Renewals

a.banks@spoor.co.uk

+ 44 1534 838 034

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