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- Is amended by Intellectual Property Laws Amendment Act, 1997
- Is amended by Companies Act, 2008
- Is commenced by Designs Act, 1993: Commencement
South Africa
Designs Act, 1993
Act 195 of 1993
- Published in Government Gazette 15401 on 5 January 1994
- Assented to on 22 December 1993
- Commenced on 1 May 1995 by Designs Act, 1993: Commencement
- [This is the version of this document as it was from 5 January 1994 to 30 September 1997.]
1. Definitions
2. Application of Act
3. State bound
A registered design shall in all respects have the same effect against the State as it has against any person.4. Continuation of designs office
The designs office established by section 2 of the repealed Act shall continue to exist.5. Seal of designs office
There shall be a seal of the designs office, and the impression of the seal shall be judicially noticed.6. Registrar of designs
7. Register of designs
8. Inspection of register
9. Registrar to furnish information from register on request
The registrar shall, at the request of any person and on payment of the prescribed fee, furnish copies of any documents lodged at the designs office and which are open to public inspection, or particulars from the register, or furnish a certificate in respect thereof.10. Publication in journal
The registrar shall arrange for the publication in the journal of such details in respect of designs as he considers desirable or which must be published therein in terms of this Act.11. Powers of registrar
12. Exercise of discretionary power by registrar
13. Representation
Any person is entitled to be represented by an agent to act on his behalf in connection with any matter or proceedings in terms of this Act.14. Application for registration
15. Registration of design
16. Refusal of application
If it appears to the registrar that an application was not made in the prescribed manner, he shall refuse the application.17. Disclosure without proprietor’s knowledge or consent
The registration of a design shall not be invalid by reason only of the fact that the design was disclosed, used or known prior to the release date if the proprietor proves that such knowledge was acquired, or such disclosure or use was made, without his knowledge or consent, and that the knowledge acquired or the matter disclosed or used was derived or obtained from him, and that he applied for and obtained protection for his design with all reasonable diligence after learning of the disclosure, use or knowledge.18. Certificate of registration
As soon as practicable after the registration of a design under section 15(1) the registrar shall—19. Inspection by public
After the publication contemplated in section 18, the entry in the register, as well as the application and all the documents lodged in support thereof, shall on payment of the prescribed fee be open to public inspection in the designs office.20. Effect of registration of design
21. Compulsory licence in case of abuse of rights
22. Duration of registration
23. Restoration of lapsed registration
24. Compensation arising from restoration
25. Joint ownership of registered design
26. Correction of clerical errors and amendment of documents
27. Amendment of application for registration, and of registration, of design
28. Rectification of register
The registrar may order the register to be rectified by the making, amendment or deletion of any entry therein, and such order may be made either on a request in the prescribed manner or without such a request: Provided that where the registrar intends to make an order otherwise than upon a request, he shall give notice of his intention to do so to the applicant for the registration of a design or to the registered proprietor, as the case may be, and to any other person who appears to him to be concerned, and shall give such applicant, registered proprietor or other person an opportunity of being heard before making the order.29. Assignment and devolution by operation of law
30. Assignment of rights in and attachment or hypothecation of registered designs
31. Grounds for application for revocation of registration of design
32. Registration comprising more than one design
Registration of a design shall be granted for one design only, but no person may in any proceedings apply for the revocation of such registration on the ground that it comprises more than one design.33. After revocation on ground of fraud proprietor may in certain circumstances again register design
Where registration of a design is revoked on the ground of fraud, or where registration fraudulently obtained has been surrendered and revoked, the court may, on the application of the proprietor of the relevant design or his assignee or his agent, made in accordance with the provisions of this Act, direct that registration of such design be granted, to him, bearing the same date as the registration so revoked.34. Voluntary surrender of registered design
35. Proceedings for infringement
36. Declaration as to non-infringement
37. Remedy for groundless threats of infringement proceedings
38. Special provisions as to vessels, aircraft and land vehicles of convention countries
39. Register to be evidence
40. Certificates of registrar to be prima facie evidence
41. Certification of validity
42. Appeal to court
43. Proclamations as to convention countries
44. Registration of design where application for protection has been made in convention country
45. Extension of time for applications in certain cases
46. Minister may require designs to be kept secret in certain circumstances
47. Penalties for making false entries in register, or making, producing or tendering false entries or copies
Any person who—48. Penalties for making false statements for purpose of deceiving or influencing registrar or officer
Any person who—49. Penalties for certain false representations
50. Documents may be sent by post
Any application, notice or document authorized or required in terms of this Act to be lodged, made or given at the designs office or to the registrar or any other person, may be delivered by hand or sent through the post.51. Address for service
52. Calculation of periods of time
53. Condonation or correction of irregularities in procedure
The registrar or the court may authorize the condonation or correction of any irregularity in procedure in any proceedings before him or it, provided such condonation or correction is not detrimental to the interests of any person.54. Regulations
The Minister may make regulations—54. Repeal of laws
55. Short title and commencement
This Act shall be called the Designs Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.History of this document
01 May 2011 amendment not yet applied
Amended by
Companies Act, 2008
01 October 1997 amendment not yet applied
01 May 1995
Commenced by
Designs Act, 1993: Commencement
05 January 1994 this version
22 December 1993
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Designs Regulations, 1999 | Government Notice R844 of 1999 |
Designs Regulations, 1999: Amendment | Government Notice R602 of 2005 |
Designs Regulations, 1999: Amendment | Government Notice R988 of 2005 |
Designs Regulations, 1999: Amendment | Government Notice R1182 of 2006 |
Documents citing this one 48
Gazette 41
- Eastern Cape Provincial Gazette dated 2008-06-05 number 1912
- South Africa Government Gazette Regulation Gazette dated 1995-04-28 number 16383
- South Africa Government Gazette Regulation Gazette dated 1996-03-01 number 17008
- South Africa Government Gazette Regulation Gazette dated 1997-02-28 number 17812
- South Africa Government Gazette Regulation Gazette dated 1999-07-02 number 20256
- South Africa Government Gazette Regulation Gazette dated 2005-07-01 number 27713
- South Africa Government Gazette Regulation Gazette dated 2005-10-10 number 28104
- South Africa Government Gazette dated 1995-04-21 number 16370
- South Africa Government Gazette dated 1996-11-01 number 17517
- South Africa Government Gazette dated 1996-11-27 number 17616
- South Africa Government Gazette dated 1997-10-01 number 18325
- South Africa Government Gazette dated 1998-10-30 number 19412
- South Africa Government Gazette dated 1999-02-12 number 19739
- South Africa Government Gazette dated 1999-11-24 number 20656
- South Africa Government Gazette dated 2000-12-06 number 21848
- South Africa Government Gazette dated 2000-12-13 number 21880
- South Africa Government Gazette dated 2000-12-22 number 21907
- South Africa Government Gazette dated 2001-06-20 number 22389
- South Africa Government Gazette dated 2002-08-30 number 23787
- South Africa Government Gazette dated 2002-12-06 number 24130
- South Africa Government Gazette dated 2003-01-24 number 24262 part 1
- South Africa Government Gazette dated 2003-01-24 number 24262 part 2
- South Africa Government Gazette dated 2003-02-05 number 24331
- South Africa Government Gazette dated 2003-02-10 number 24344 part 1
- South Africa Government Gazette dated 2003-02-18 number 24415
- South Africa Government Gazette dated 2003-02-18 number 24450
- South Africa Government Gazette dated 2003-02-18 number 24468
- South Africa Government Gazette dated 2003-02-19 number 24502
- South Africa Government Gazette dated 2003-02-24 number 24649
- South Africa Government Gazette dated 2003-02-28 number 24662
- South Africa Government Gazette dated 2003-03-03 number 24666
- South Africa Government Gazette dated 2003-03-03 number 24668
- South Africa Government Gazette dated 2003-10-17 number 25577
- South Africa Government Gazette dated 2003-12-22 number 25864
- South Africa Government Gazette dated 2004-08-30 number 26740
- South Africa Government Gazette dated 2007-08-08 number 30157
- South Africa Government Gazette dated 2008-05-05 number 31026
- South Africa Government Gazette dated 2008-11-24 number 31634
- South Africa Government Gazette dated 2013-12-10 number 37148
- South Africa Government Gazette dated 2013-12-12 number 37158
- South Africa Government Gazette dated 2018-08-31 number 41870 part 1
Judgment 3
- Clipsal Australia (Pty) Ltd and Others v Gap Distributors (Pty) Ltd and Others (657/2008) [2009] ZASCA 49 (25 May 2009)
- Evrigard (Pty) Ltd and Another v Select PPE (Pty) Ltd and Others (2022/22743) [2024] ZAGPJHC 194 (26 February 2024)
- National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18) [2019] ZASCA 190 (13 December 2019)