– Designs Act No. 195 of 1993, as amended, and Design Regulations 1999.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), effective March 23, 1975.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 30, 1995.

Applicant: the proprietor of the design, i.e. the author, the author’s assignee or a person for whom the author has executed the design.

Aesthetic design: new and original features of pattern, shape, configuration or ornamentation of an article which appeal to and are judged solely by the eye are registrable as aesthetic designs.

Functional design: features of pattern, shape or configuration of an article which are new and not commonplace in the art in question, including integrated circuit topographies, mask works and series of mask works, are registrable as functional designs.

Not registrable: designs which are not intended to be multiplied by an industrial process are not registrable as aesthetic or functional designs. Functional design registration is not available for design features applied to spare parts for machines, vehicles or articles of equipment. Aesthetic design registration is not available for features of an article which are necessitated by function or for methods or principles of construction.

Novelty: absolute novelty is required, but valid applications are still possible if the design application is filed within six months of the release date, i.e. a date on which the design was first made available to the public, in any country, with the consent of the proprietor or a predecessor in title.

Classification: according to the International Classification for industrial designs.

Area covered by registration: a South African design registration covers the territory of South Africa and can be extended to Eswatini (formerly Swaziland).

Electronic filing: available.

Electronic signatures: have been accepted by the Registrar, although no official guidelines have been issued.

Filing requirements for an application (to be sent to resident agent):
1. Declaration and power of attorney;
2. Statement of novelty definitively setting out the features for which protection is claimed, together with an explanatory statement if necessary;
3. Assignment if the applicant is not the original proprietor of the design;
4. Statement whether the design is to be registered in part A (aesthetic design) or part F (functional design) of the Register;
5. 4 sets of identical representations in the form of drawings or photographs. The Registrar may also call for the submission of specimens;
6. In Convention cases, a certified priority document with a verified translation if in a language other than English.

Examination: for form only.

Opposition: not provided for.

Duration: for aesthetic and functional design, fifteen years and ten years respectively from the date of registration, or from an earlier release date or priority date, whichever is earlier, subject to the payment of annual renewal fees after the third year (six-month extension available on payment of a fine).

Restoration of a lapsed design: is possible in certain circumstances.

Assignment: must be in writing and should be recorded to have effect in relation to third parties.

Licenses: recordal is not mandatory but is advisable to enable the licensee to participate in infringement proceedings.

Marking: “Republic of South Africa”, “South Africa” or “RSA” accompanied by the word “registered design” or an abbreviation thereof and the design registration number.

Amendment: amendments to applications or registrations are possible, but not if the effect would be to introduce new matter or broaden the scope of protection.

Effect of registration: protection is against making, importing, using or disposing of any article embodying the registered design and included in the class in which the design is registered.

Infringement: proceedings can be brought by the registered proprietor and a registered licensee can join as co-plaintiff. Remedies are interdict (injunction), damages or a reasonable royalty and delivery up of infringing articles.

Working: compulsory license is available in the event of abuse of design rights, for instance by inadequate working.

Threats: unjustified threats are actionable by the person threatened.

Revocation: design registration can be revoked on several grounds: lack of entitlement, fraud, material misrepresentation, lack of novelty, failure to comply with prescribed formalities.