A design registration, in principle, provides protection over the way something is perceived or looks to the naked eye. While certain designs may be defined through the functional features that they seek to serve, other designs may be defined solely on the basis of aesthetics.
Accordingly, there are therefore, two types of designs that may be registered in South Africa:
- A functional design; and
- An aesthetic design.
A particular design may qualify as both aesthetic and functional in which case two separate design applications should be filed.
An aesthetic design has a maximum a lifespan of 15 years and a functional design, 10 years. Both forms of design registration are subject to annual renewals which start from the expiration of the third year from the date of filing.