Designs

– The Industrial Property Act, with effect from April 2, 2007.
– Implementing Regulations, in force since January 1, 2011.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 10, 1980.
– ARIPO, Harare Protocol, since January 16, 1986.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 21, 1992.
– WTO’s TRIPS Agreement, since October 23, 1996.

Filing

Applicant: the author or his assignee, whether an individual, firm or company.

Definition: any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, is deemed to be an industrial design, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.

Not registrable: protection does not extend to anything in an industrial design which serves solely to obtain a technical result. Designs contrary to public order or morality are not registrable.

Novelty: national novelty.

Duration – renewals: five years from date of filing; may be renewed for two further consecutive periods of five years each.

Marking: not compulsory.

Filing requirements for an application (to be sent to resident agent):
1. Representations of the design;
2. An indication of the kind of products for which the industrial design is to be used;
3. Priority documents in those cases where convention by priority is claimed;
4. The Registrar may request a power of attorney at his discretion.

Examination, Protection

Examination procedure: usually only to form but the Registrar may also consider whether or not the design serves solely to obtain a technical result or offends against public order or morality.

Opposition: there is no provision for opposing an application.

Registration: registration is made after all formalities and examination have been completed.