Rights:

A South African registered design prevents others from:

• making within South Africa;
• importing into South Africa;
• advertising within South Africa;
• selling within South Africa; and
• using within South Africa,

a competing product that looks "substantially similar" to the photos in your design registration.

Term of protection

An aesthetic design expires after 15 years, and a functional design expires after 10 years.

Court proceedings

Most copycats are deterred by a "Registered Design" mark on a product.

If a letter of demand does not deter the infringer, you may obtain a Court order:

• interdicting the copycat from continuing to infringe your design registration;
• requiring infringing products to be delivered‐up for destruction;
• imposing damages; and
• reimbursing costs to bring the design infringement action.

A design matter is usually completed within one Court day. This makes design litigation much quicker, cheaper and simpler than patent litigation.

Note: If a competitor makes a 2D technical drawing of your 3D product, the 2D technical drawing will likely infringe copyright in your 2D technical drawing. However, only the design registration (and not copyright law) prevents copying of your 3D product.