Smith Attorneys & conveyances:  Specialising in property law & commercial law - Hermanus South Africa
 

Suite 9 Eastcliff Centre      251 Main Road    P.O. Box 1985 Hermanus 7200  

e-mail:  info@smith.co.za   Tel: +27 28 312 4023    Fax:+27 28 312 4182

 

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NEWS & ARTICLES
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VAT AS IT PERTAINS TO PROPERTY LAW

PURCHASING PROPERTY IN SOUTH AFRICA YOUR LEGAL POSITION
TRADEMARKS – SA DESIGNS

DESIGNS

Designs are divided into 2 separate parts.

Part A - Aesthetic Designs - Duration 15 years from date of application

Part F - Functional Designs - Duration 10 years from date of application

AESTHETIC DESIGN - Can be registered in the situation where an article has been re-designed / consists of a entirely new design.

- That gives the article a more improved / striking appearance.

- E.g A new motor vehicle bumper design.


FUNCTIONAL DESIGN - Can be registered in the situation where an article has been re-designed / consist of a entirely new design.

- That makes an article more suitable for the function that it performs.

- E.g. A new egg cup design.

DESIGNS ARE JUDGED SOLELY BY THE EYE AND ARE DEPENDANT ON THEIR VISUAL APPEARANCE.

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DESIGN APPLICATION REQUIREMENTS

REQUIRE: (i) 2D representation of Design. Preferably a Technical Drawing of Design.

(ii) Details of the Applicant(s): Names , physical address
If Individual / entity – signatories & capacity

(iii) Detailed description of design and article to which it applies.

(iv) Power of Attorney – Form 3D – signed by applicant(s).


DESIGN APPLICATION PROCUDURE

* Design application forms lodged at the Registrar of Designs
* Registrar examines application and its compliance with formalition requirements only.

NO SUBSTANTIVE EXAMINATION OF THE ACTUAL DESIGN.

* Registrar - Accepts Design application
- Register Design
- Issues Design Certificate

* Design registration is published in the Government Gazette.
* Design registration gives Proprietor sole right to have and enjoy the whole profit and advantage accruing to him by reason of registration and can exclude others from:

- Making, using, disposing of or importing any article included in the clan in which designs is registered which article embodies the same design / a design not substantially different therefrom.


COPYRIGHT

Affords the author / creator of an original work a qualified monopoly to use and exploit the work as he / she seems fit and to derive all benefits therefrom.

Copyright vests in the author / creator automatically and extends to the following works:

Library works
Artistic works
Musical works
Cinematographic films
Sound recordings
Programme carrying signals
Sound and television broadcasts
Published works
Computer programs

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P.O. Box   1985   Hermanus   7200  Suite 9   Eastcliff   Centre  251  Main  Road   Hermanus  7200   
  info@smith.co.za  Tel: +27 28 312 4023    Fax: Tel: +27 28 312 4182

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