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DESIGNS ACT, 1993
DESIGNS REGULATIONS, 1999
These regulations were published under:
Government Notice R843 in Government Gazette 20256 of 2 July 1999 as amended by:
Government Notice R602 in Government Gazette 27713 of 1 July 2005 Government Notice R988 in Government Gazette 28104 of 10 October 2005 Government Notice R1182 in Government Gazette 29413 of 1 December 2006 ----------------------------------------------------------- I, Alexander Erwin, Minister of Trade and Industry do hereby publish the following Regulationsof the Designs Act, 1993 (Act 195 of 1993) 1. Definitions
In these regulations any expression to which a meaning has been assigned in theDesigns Act, 1993 (Act No. 195 of 1993), shall, unless the context otherwise indicates,bear the meaning so assigned, and- ‘access code’ means the unique identification particulars, whether alphanumeric,
biometric or otherwise, enabling the CIPRO system to identify a person;
‘CIPRO’ means the Companies and Intellectual Property Registration Office that
constitutes a combined administrative office for the various registration offices
established or deemed to be established under the Act, the Patents Act, 1978 (Act 194
of 1993), the Trade Marks Act, 1993 (Act 194 of 1993), the Registration of Copyright in
Cinematograph Films Act, 1977 (Act 62 of 1977), the Close Corporations Act, 1984 (Act
69 of 1984) and the Companies Act, 1973 (Act 61 0f 1973);
‘CIPRO customer’ means any person using electronic services and includes any
person who has been allowed by the Registrar to use electronic services, who is legally
entitled to act on behalf of a natural or juristic person, and who has thus been allowed
to use or provide electronic services or to act as an intermediary in respect of electronic
services;
‘CIPRO portal’ means the Internet website or other electronic portal forming part of the
CIPRO system;
‘CIPRO record retention system’ means the system used by CIPRO to store records
for subsequent access, whether in paper, microfilm, electronic or any other form;
‘CIPRO system’ means the computer system, including the CIPRO portal, through
which CIPRO provides electronic services, irrespective of the medium or form of
technology underlying or forming part of such services;
‘electronic services’ means the services provided or made available by CIPRO
through the CIPRO system in terms of regulation 1A;
‘inspect’ includes obtaining access to a record via the CIPRO system;
‘lodge’ includes the creation of a record on the CIPRO system;
'office' means the designs office established under section 4 of the Act;
‘operational requirements’ means the requirements provided for in regulation 1A(2);
‘record’ includes a document and vice versa;
'specimen' means an article with a design applied to it; and
'the Act' means the Designs Act, 1993 (Act 195 of 1993).
1A. Electronic
services
(1) The Registrar may direct by notice in the Gazette that any requirement under the Act or these regulations, including requirements in respect of information, recordsand payment, may or must be satisfied in electronic form, subject to theprovisions of the operational requirements.
(2) The Registrar must publish operational requirements on the CIPRO portal setting out the requirements, processes and procedures in respect of all or certainelectronic services, including - (b) identification, authentication and verification; (e) information security requirements; and (3) The operational requirements may be published in different forms over different (4) Unless another form of electronic signature is specified in the operating requirements, any signature requirement under the Act or these regulations inrespect of a record to be accessed from or lodged with CIPRO is satisfied by theCIPRO user entering his access code on the CIPRO system and any recordlodged after the CIPRO user having entered the access code shall be deemed tohave been duly signed by the person whose signature is required under the Actor these regulations for purposes of such record.
(5) Where any form under the Act or regulations makes provision for a signature and such form is deemed to be signed as provided for in sub-regulation (4), it shallnot be necessary to have recorded on such form that it had been signed.
(6) Unless CIPRO receives prior written notification from the holder of an access code to disable such access code, CIPRO shall be entitled to accept that theperson using electronic services is the person to whom the access code wasissued or such person’s duly authorized representative acting within the scope ofsuch person’s authority.
(7) CIPRO may suspend or terminate electronic services at any time without incurring any liability for doing so: Provided that proper notice of such suspensionor termination shall be given and that such suspension or termination will noteffect existing rights of any person who has been using such electronic services.”.
2. Office
(1) The office shall be open to the public from Mondays to Fridays from 08:00 to All days proclaimed public holidays in terms of any law; and days which may from time to time be notified by the registrar in the journalor by the displaying of a notice in a conspicuous place at the office.
(2) Whenever the last day fixed by the Act or by these regulations for doing anything falls on a day when the office is not open to the public, it shall be lawful to do anysuch thing on the next day on which the office is open to the public.
(1) The fees to be paid in terms of the Act shall be the fees specified in Schedule 1 hereto, and shall be payable in such manner as the registrar may direct.
[Subregulation (2) deleted by GN No.R.602 of 1 July 2005] The forms referred to in these regulations are the forms contained in Schedule 2hereto, and such forms whether in paper form or in any electronic form authorised bythe registrar for electronic services, shall be used substantially in the mannerprescribed for those cases to which they are applicable, but they may be modified oramended with the approval of the registrar and to the extent necessary to meet therequirements of other cases.
Appointment
(1) An application for registration and all other communications with the registrar, may be made by or through an agent duly authorised to the satisfaction of theregistrar.
(2) If a person (hereinafter referred to as 'the principal') appoints an agent, service upon such agent of any document relating to the design shall be deemed to beservice upon the principal, and all communications to be directed to the principalin respect of the design may be addressed to such agent.
(3) Any agent appointed to act on behalf of a principal shall file a power of attorney authorising such agent to act on behalf of the principal.
(4) On termination of the authority of an agent referred to in subregulation (3), the principal concerned may act on his own behalf or may appoint any other agent toact for him.
(5) Where the authority of an agent is terminated as envisaged in subregulation (4) the principal concerned shall, within one month of the date of such termination orsuch further period as the registrar may allow, furnish the registrar with a newaddress for service and request the registrar to change the previous address forservice in terms of section 51 of the Act by lodging Form D4.
(6) The registration of an assignment shall not revoke a power of attorney previously given, unless the assignee appoints another agent who files a power of attorneyin terms of subregulation (3).
(7) An agent who withdraws from proceedings under the Act may do so on notice to the registrar. Upon withdrawal of an agent the provisions of subregulation (4)shall apply.
Address and address for service
(1) On all documents lodged in terms of the Act and these regulations there shall, where required, be stated the address for service of the person by or on behalf ofwhom the document has been lodged.
(2) An address for service shall in all cases be in the Republic.
Any change of address or address for service shall be made by lodging Form D4.
lf a person who changes his address or address for service is a party to anyproceedings under the Act or these regulations, he shall give notice of suchchange of address or address for service to every other person who is a party tothe proceedings.
(4) Where the address of an agent has been used as the address for service on any document and such address changes, the agent shall lodge a request to theregistrar on Form D4 for the change of address to be published in the journal.
Such publication shall be deemed to effect a change of the address on all suchdocuments.
Where any person is required by the Act or by these regulations to furnish the registrarwith an address or an address for service, the following provisions shall apply: The address given shall be an address to which mail is delivered, and if such anaddress is a street address it shall be as complete as possible in order to make itpossible to locate the address.
(b) If the address given is not a street address, a street address shall also be provided which shall be as complete as possible in order to make it possible tolocate the address.
(c) An address or an address for service may, in addition, include a facsimile transmission number and an e-mail address.
The register and indexes
(1) On receipt of an application for a design registration, the registrar shall allocate to the application an official application number which shall include the symbol 'A' or'F', as the case may be, as part thereof in terms of subregulation (7).
(2) The registrar shall cause to be entered in the register the particulars called for in Form D2, which particulars shall include the official application number, thename, address and address for service of the applicant and the date ofapplication, the part of the register in which the application is filed, the class inwhich the application is filed, the articles to which the design is to be applied, andparticulars of a convention application (if any).
(3) When the design is registered there shall be entered in the register the date of registration, the date of publication of the application in the journal, subsequentnotifications of assignments, licences, hypothecs, amendments, and such othermatters as may be determined by the registrar.
The registrar shall maintain a record containing a representation orrepresentations or a specimen or specimens of the design which has beenregistered, in such form as the registrar may deem necessary.
(5) The registrar shall maintain an alphabetical index of the names of all applicants for and all proprietors of design registrations on the register, and an alphabeticalindex of the names of all assignees of design applications and designregistrations, and the registrar may also maintain an alphabetical index of thenames of all registered licensees, all hypothec holders and all persons whocaused an attachment to be entered.
(6) The registrar shall maintain an index of all registered designs according to their classification, based on the publication particulars as published in the journal inaccordance with regulation 31.
(7) The registrar shall cause the entries in respect of registrations in Part A of the register and those in respect of registrations in Part F of the register to be clearlyidentified as such.
9. Classification
(1) For the purposes of the registration of aesthetic and functional designs in accordance with the Act and these regulations, articles to which designs may beapplied shall be classified in accordance with the classification in Schedule 3hereto, and such classification shall determine the class or classes in which anapplication for the registration of a design to be applied to particular articles is tobe filed.
(2) In the case of doubt as to the class or classes to which any particular article or description of articles belong and in which an application for the registration of adesign to be applied to such article or articles is to be filed, the registrar shalldetermine such class or classes. A request for such determination as to classshall be lodged on Form D9.
(3) For the purposes of classifying articles in accordance with Schedule 3 hereto and of interpreting this Schedule, reference shall be had to the InternationalClassification of Industrial Designs, originally adopted by the Locarno Union in1971, as subsequently amended and put into force on 1 January 1989 includingthe explanatory notes and the lists of articles and goods contained therein.
(4) In the event of the International Classification of Industrial Designs being further amended at any future time, the registrar shall decide if such amendment is to beapplicable for the purposes of subregulation (3) above, and shall in that case, tothe extent that such amendment may necessitate an amendment of Schedule 3hereto, so amend Schedule 3.
10. Documents
(1) Subject to any directions that may be given by the registrar all documents, other than representations and priority documents, required by the Act or by theseregulations to be filed with the registrar shall be in one of the official languages ofthe Republic.
(2) All such documents shall be so presented as to permit reproduction by photography, reprography or electronic means of an unlimited number of copies.
Where paper forms are used, only one side of a sheet shall be used, exceptwhere otherwise specified.
(3) Save as specifically provided otherwise, all documents shall be on A4 paper, which shall be strong, pliable and durable or in such electronic form as authorisedby the registrar for electronic services. Each sheet shall be used with its shortsides at the top and bottom (except where inappropriate in the case ofrepresentations).
(4) Except for representations and priority documents lodged in terms of regulation 17 (2), the minimum margins (which shall be kept completely blank) shall be asfollows: (5) In all typed or printed documents the letters shall be of readily legible size. All documents except representations shall be in typescript or lithographed or printedin dark, durable colour.
(6) In all documents units of measure shall be expressed in terms of the SI System. If a different system is used, units of measure shall be expressed also in terms ofthe SI System. In general, use shall be made of technical terms, signs andsymbols generally accepted in the field in question, where such terms, signs orsymbols are used.
(7) All documents, including representations, shall be reasonably free from erasures and from alterations, overwritings and interlineations and shall in all cases belegible.
11. Completion and signature of documents
(1) If application for the registration of a design, or for the recording of an assignment or a licence or any other right in respect of a design registration is made by a firmor partnership, it shall not be necessary for the names of all the members orpartners to be given on the relevant document.
(2) A document lodged by a firm or partnership may be signed in the name of the firm or partnership and for and on behalf of the firm or partnership by any one ormore of the members or partners thereof. A document lodged by a bodycorporate shall be signed by an authorised officer of such body corporate or byanother authorised person.
12. Application for registration
(1) An application for the registration of a design shall be made on Form D1 and shall be accompanied by the following documents: Form D1, in duplicate, one copy of which shall be returned to the applicantas proof of document; Form D3, which shall include a declaration by the applicant that he is theproprietor of the design, and a power of attorney in the case where anagent is appointed; a representation or representations, in the prescribed form; a definitive statement on Form D6, in duplicate, as prescribed; and (f) publication particulars on Form D8, with an attached publication representation, all in duplicate, for purposes of publication.
(2) An application for registration of a design shall be signed by the applicants) or his (3) Where the applicant has acquired the design and the right to apply from a predecessor in title as envisaged in section 1(1)(xix)(d) of the Act, the registrarmay call for an assignment or other proof, to the satisfaction of the registrar, ofthe right of the applicant to apply.
(4) Having regard to the requirement of sections 14(1) and 16 of the Act that an application is to be filed in the prescribed manner, read with subregulation (1) andregulation 23, an application shall be accorded a lodging date by the registrarprovided it is accompanied by- Form D1 signed either by the applicant or his or her agent; Form D6 containing the definitive statement; one copy of the representations, notwithstanding that they are not in theprescribed form; and information on the Form D1 whether the application is to be filed in Part Aor Part F of the register.
(5) The provisions of paragraphs (d) and (e) of subregulation 4 shall be deemed to have been complied with, in the case of an application in terms of section 44 ofthe Act, by the inclusion in the Form D1 of the country, number and date of theapplication in a convention country, on the strength of which a priority right isclaimed, and the articles to which the design is to be applied, if the Form D6containing the definitive statement and the representations are lodged within 14days of the date on which the application was lodged.
(6) The provisions of subregulation (4) (f) shall be deemed to be complied with if the information whether the application is to be filed in Part A or Part F of the registeris supplied within 14 days of the date on which the application was lodged.
13. An application shall state whether it is to be filed in Part A or Part F of the register, and the class in which the design is to be registered. Where it is desired to register thesame design in both Part A and Part F of the register and/or in more than one class, aseparate application shall be made in each case, and each such separate applicationshall be numbered separately and shall be treated as a separate and distinctapplication.
An application shall state the article or articles to which the design is to be applied, andwhere the registrar so requires, the applicant shall state also for what purpose thearticle(s) to which the design is to be applied will be used.
15. (1) An application shall contain, on Form D6, a definitive statement setting out the features of the design for which protection is claimed. The definitive statementshall be used to interpret the scope of the protection afforded by the designregistration. In the definitive statement reference may be made to referencesymbols appearing in or on the representations.
In the case of an application for the registration of an aesthetic design and of afunctional design which is not an integrated circuit topography, a mask work or aseries of mask works, the definitive statement may be accompanied, on Form D6,by an explanatory statement relating to the design, which explanatory statementmay refer to features of the article(s) to which the design is to be appliedincluding the function and/or the method or principle of construction of thearticle(s).
(3) In the case of an application for the registration of a functional design for an integrated circuit topography, a mask work or a series of mask works, thedefinitive statement shall be accompanied, on Form D6, by an explanatorystatement as envisaged in subregulation (2) above, which explanatory statement shall refer to the function and operation of the integrated circuit topography, maskwork or series of mask works.
(4) The explanatory statement may be used to assist in interpreting the scope of the protection afforded by the design registration.
(1) An application shall include publication particulars, on Form D8, which shall include a brief statement of the features of the design, to the satisfaction of theregistrar, but which shall not be used to interpret the scope of the definitivestatement. The brief statement of features shall be in narrative form and generallylimited to a single paragraph of not more than 150 words. The statement shallrefer to the article or articles to which the design is to be applied. The publicationparticulars shall be published in the journal.
(2) Save as provided for in subregulation (3), the publication particulars shall be accompanied by a single representation of the design in a form suitable forpublication in the journal. Features mentioned in the brief statement of featuresand illustrated and identified by reference symbols in the accompanyingrepresentation may be identified by the relevant reference symbols in thestatement of features.
(3) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, the publicationparticulars need not be accompanied by a representation of the design forpublication in the journal where the representations as lodged in terms ofregulations 12 and 18, by reason of size or for other reasons, are not suitable toform the basis of a representation for publication in the journal.
Applications in terms of section 44 of the Act
(1) Where an application for registration of a design is made pursuant to an application in a convention country in terms of section 44 of the Act (hereinafterreferred to as a 'convention application'), the Form D1 lodged in support of theconvention application shall state the name of the convention country, the officialdate of the application in the convention country and the official filing numberallocated to such application.
(2) In addition to the documents required under regulation 12 (1), the applicant in a convention application shall furnish the registrar with a certificate by theregistering authority of the convention country verifying, to the satisfaction of theregistrar, the application made in the convention country. If the certificate is in alanguage other than an official language of the Republic, it shall be accompaniedby a translation into one of the official languages, which translation shall beverified to the satisfaction of the registrar.
(3) The certificate referred to in subregulation (2) shall be lodged within six months of the lodging of the convention application or within such further period as theregistrar may on request allow.
(4) A convention application, if not made by the applicant in the convention country, shall contain also an assignment or other proof, to the satisfaction of the registrar,of the applicant's right to file the convention application.
(5) If after an application for registration of a design has been lodged, the applicant desires to insert a claim to a priority right or to a further priority right by insertingon the Form D1 the appropriate information as provided for in subregulation (1), arequest on Form D4 shall be lodged with payment of the prescribed fee withintwo months from the date on which the application for registration was lodged.
(6) Where a certificate referred to in subregulation (2) has been lodged by an applicant in support of a convention application, and a certificate of the sameapplication in a convention country is required to be lodged by the same applicantin support of another convention application, the registrar shall accept in lieu ofsuch a certificate for the other convention application a request on Form D4 thatthe first-mentioned certificate lodged in support of the first-mentioned conventionapplication is to be recognised also for the other convention application.
18. Representations
There shall be furnished in connection with an application for the registration of adesign to be applied to an article, four identical representations or sets ofrepresentations (when more than one figure is used), which may be in the form ofdrawings or photographs, or in the form of specimens or other records where theregistrar so directs.
19. (1) Save as provided for in subregulations (5) and (6), each representation in the
form of a drawing or a photograph of the design shall be executed upon ormounted on paper of A4 size. When more than one figure is shown, these shallas far as possible be on one and the same sheet, and the view of each shall bedesignated on the sheet (e.g. front view, side view).
(2) The minimum margins for sheets containing drawings or photographs shall be the same as those set out in regulation 10 (4), except that below the top margin thereshall be a space clear of any drawing matter for the name of the applicant, theapplication number and the numbering of the sheets, and at the bottom righthandcorner there shall be a space within the margin clear of any drawing matter forthe signature of the applicant or his agent.
(3) Drawings shall be executed without colouring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit ofsatisfactory reproduction. All reference symbols appearing in or on the drawingsshall be simple and clear.
(4) Where words, letters, or numerals are not part of the design or do not serve as reference symbols as envisaged in regulation 15, they shall be disclaimed or beremoved from the representations.
(5) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, the representationsmay exceed A4 size, and shall be of such dimensions that the features of theintegrated circuit topography, mask work or series of mask works are clearlyvisible to the naked eye.
(6) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, drawings not in A4size shall be folded in A4 size.
20. (1) Where representations of the design in the form of drawings or photographs are furnished, they shall be signed by the applicant or his agent.
Where representations in the form of drawings or photographs are supplied, theregistrar shall be supplied also, if in any case he so requires, with a specimen oranother recorded version of the design.
21. (1) Each representation of a design which consists of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in lengthand width to disclose adequately the design, and such representation shall be ofa size not less than A5.
(2) In a case where the repeating surface pattern is to be applied to a two- dimensional article, the representation may be in the form of a specimen.
22. (1) Where the name or representation of a living person appears in a design, the registrar shall, if he so requires, be furnished with a consent from such personbefore proceeding to register the design.
(2) Where the name or representation of a deceased person appears in a design, the registrar shall, if he so requires, be furnished with a consent from the legalrepresentative or next of kin of such person before proceeding with theregistration of the design.
23. Late lodging of documents
A document which did not accompany an application in terms of regulation 12 (1) or17 (2) shall be lodged on Form D5 within six months of the date on which theapplication was lodged.
24. Requests and applications to the registrar
Unless otherwise provided, any request or application to the registrar shall be made onForm D4, in duplicate, quoting the section of the Act or the regulation or both underwhich the request or application is made, and setting out the relief sought. Theduplicate of the form shall be returned to the applicant or his agent to inform theapplicant or his agent of the decision of the registrar.
25. Procedure on receipt of application
On receipt of an application for the registration of a design, the registrar shall furnishthe applicant with an acknowledgement thereof, by returning to the applicant the copyof the Form D1 with the official application number and filing date entered thereon.
26. (1) An application for the registration of a design shall be examined by the registrar to ensure that the documents lodged are legible and capable of reproduction andcomply with prescribed requirements as to form, and that the design is classified,and if in his opinion there is no objection to the registration of the design, andsubject to subregulation (2), he shall register it.
(2) If the applicant has lodged a request on Form D4 that examination of the design be delayed to a date not later than the date by which the application has to befinalised in terms of regulation 32, the registrar shall, if the requirements as setout in subregulation (1) have been complied with and in his opinion there is noobjection to the registration of the design, register the design on the date to whichregistration has been delayed.
(3) Where the applicant has lodged a request for the registration of a design to be delayed as contemplated in subregulation (2), and the application is not in a formready for registration by the date by which the application has to be finalised interms of regulation 32, the application shall be dealt with in the manner asprovided in regulation 32.
27. If after consideration of the application the registrar has any objections, a statement of those objections shall be sent to the applicant in writing and unless, within six monthsor such further period as the registrar may on request allow, the applicant rectifies anydefect, or applies for a hearing, or makes written representations, he shall be deemedto have withdrawn his application. The decision of the registrar at such hearing or onsuch written representation shall be communicated, in writing, to the applicant.
28. If, in any hearing before the registrar, a party does not agree with a decision of the registrar, he may, should he consider it necessary for the purpose of appeal, within one month from the decision by the registrar, or such further period as the registrar may onrequest allow, apply upon Form D17 requiring the registrar to state, in writing, thegrounds for his decision and also the facts relied upon in arriving at such a decision.
Upon receipt of the Form D17 referred to in regulation 28 the registrar shall send to theapplicant a statement, in writing, of the grounds for his decision, and the date on whichsuch statement is sent shall be deemed to be the date of the registrar's decision forpurposes of appeal, and an appeal may be lodged within three months from the date ofsuch decision, or within such further period as the registrar may, on good cause shown,allow.
30. Registration and notice of registration
Upon registration of the application by the registrar in terms of regulation 26, theregistrar shall give written notice of such registration to the applicant or his agent, whichnotice shall be accompanied by the duplicate copy of Form D8.
31. Publication of registration
(1) When notification of the registration of a design has been issued by the registrar to an applicant, the applicant shall advertise the notice of registration bypublishing the publication particulars as contained in Form D8 in the journalwithin three months of the issuance of such notice of registration, or within suchfurther time as the registrar may, on request on Form D4, allow.
(2) Once publication as contemplated in subregulation (1) has taken place, the registrar shall issue a certificate of registration to the applicant.
32. Non-finalisation
(1) Where an application for the registration of a design has not been finalised by reason of default on the part of the applicant within 12 months from the date oflodging the application or within 6 months (or such further period as allowed bythe registrar) from the date of a statement of objection as envisaged in regulation27, whichever is the later, the registrar shall give notice to the applicant or hisagent, in writing of such non-finalisation.
(2) If after one month from the date on which such notice was sent, the application has not been finalised, the application shall be deemed to have been withdrawn,but the registrar may, on good cause shown, grant an extension of time for thefinalisation of such application.
33. Death of applicant or owner
In the event of the death of any applicant in an application for the registration of adesign, or of the registered proprietor of a design registration, the registrar may, onrequest being lodged on Form D4 and on being satisfied of the death of the applicant orproprietor and the title of the person claiming to be entitled to the design, enter in theregister, in place of the name of such deceased applicant or owner, the name, addressand description of the person who has become entitled to the design.
34. Renewal
in the case of a design registered under the repealed Act, it is desired atthe expiration of the last year of a first or second period of five years forwhich the design registration endured in terms of section 14 of that Act; or (b) in the case of a design registered under the Act, it is desired at the expiration of the third year from the date referred to in section 22 (1) of theAct; or (c) in either of the above cases, it is desired at the expiration of any succeeding year during the term of the design registration, to keep the registration in force, the renewal fees set out in the appropriate itemof Schedule 1 shall be paid by lodging Form D10, in duplicate, before theexpiration of that year.
(2) All or any of the renewal fees may be paid in advance.
(3) An application for extension of time for payment of any renewal fee shall be made (4) On receipt of Form D10, and provided the terms of this regulation are complied with, the registrar shall make an entry in the register to signify that the renewalhas been effected, and shall furnish the applicant with a confirmation that therenewal has been effected by returning to the applicant the copy of the Form D10after the official stamp of the registrar has been applied thereto.
35. Restoration
(1) An application under section 23 of the Act for the restoration of a design registration which has lapsed through non-payment of renewal fees shall bemade on Form D18 and shall be accompanied by an affidavit setting out thecircumstances under which the design registration lapsed and the grounds onwhich restoration is requested.
(2) If the registrar is satisfied that a prima facie case has been made out, he shall advertise the application once in the journal.
(3) At any time within two months of the date of the advertisement of the application any person (hereinafter referred to as 'the objector') may oppose the restorationof the design registration, in accordance with the procedure set out in regulation36.
(4) If no opposition is entered, or if the registrar at the conclusion of the hearing is satisfied that restoration is appropriate, he shall issue an order that theregistration be restored, and the registrar shall, subject to compliance with section23 (5) of the Act, cause an entry to be made in the register to that effect.
36. Procedure on opposition
(1) (a) An opposition by any person (hereinafter referred to as 'the opponent') in any matter in which opposition is allowed under the Act shall be brought byway of notice of opposition on Form D11 or in a form as nearly as possiblein accordance with Form D11, and shall be supported by an affidavit as tothe facts upon which the opponent relies for relief.
(b) A copy of such notice, and all annexures to it, shall be served upon every (c) In such notice the opponent shall appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of alldocuments in the proceedings, and shall set forth a day, being not lessthan one month after service of the notice on an interested party, on orbefore which such interested party shall be required to notify the opponentand the registrar, in writing, whether he intends to contest such opposition.
The notice shall further state that if no such notification by an interestedparty is given, the matter shall be set down for hearing on a stated date,being not less than ten days after expiry of the one-month period referredto above.
(d) If an interested party does not, on or before the day mentioned for that purpose in the notice, notify the opponent and the registrar of his intentionto contest the opposition, the opponent may set the matter on the roll forhearing by giving the registrar notice of set down before noon on the courtday but one preceding the day upon which the matter is to be heard.
(e) Any interested party intending to contest the granting of an order sought (hereinafter referred to as 'the respondent') shall- within the time stated in the said notice, notify the opponent and theregistrar in writing that he intends to contest the opposition; (ii) appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of all documents; (iii) within two months of notifying the opponent of his intention to contest the opposition, deliver his answering affidavit and supportingdocuments, if any; and (iv) if he intends to raise any question of law only, deliver notice of his intention to do so, within the time stated in subparagraph (iii), settingforth such question.
(f) Within one month of the service upon him of the answering affidavit and documents referred to in paragraph (e) (iii), the opponent may deliver areplying affidavit. The registrar may in his discretion permit the filing offurther affidavits.
(g) Where no answering affidavit or notice in terms of paragraph (e) (iv) is delivered within the period referred to in paragraph (e) (iii), the opponentmay within ten court days of the expiry of the said period apply to theregistrar to allocate a date for the hearing of the matter.
(h) Where an answering affidavit is delivered, the opponent may apply for such allocation within ten court days of the delivery of his replying affidavit or, ifno replying affidavit is delivered, within ten court days of the expiry of theperiod referred to in paragraph (f).
(i) Where a notice in terms of paragraph (e) (iv) is delivered, the opponent may apply for the allocation of a date for the hearing within ten court daysafter delivery of such notice.
(j) If the opponent fails to apply to the registrar to allocate a date within the appropriate period, the respondent may do so immediately upon the expiryof such period. Notice of set down in writing of the date allocated by theregistrar shall be given forthwith by the opponent or respondent, as thecase may be, to the opposite party.
(k) Were an opposition cannot properly be decided on affidavit, the registrar may refer the matter to the Supreme Court or make such order as to himseems meet with a view to ensuring a just and expeditious decision.
In the case of an application to strike out, which shall be brought by way ofnotice, the registrar may order to be struck out from any affidavit any matterwhich is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client. The registrar shallnot grant an order unless he is satisfied that the applicant will be prejudicedin his case should it not be granted.
(2) (a) Notwithstanding the foregoing, an interlocutory or other application incidental to pending proceedings or a pending application, including anapplication for an extension of time and condonation, may be brought onnotice supported by such affidavits as the case may require and may be setdown at a time assigned by the registrar.
(b) If the applicant in such an application wishes to rely on particular facts not apparent from the official record, an affidavit must be filed at the office atleast ten court days before the hearing. In the event that the applicant doesnot file an affidavit, it shall be presumed that he intends to rely on thosefacts which are properly before the registrar. At any time within the periodallowed for the filing of such an affidavit by the applicant, he may givewritten notification to the other party and to the registrar that he intends torely on the facts which are properly before the registrar.
(c) After the applicant has filed his affidavit, the other party may file an answering affidavit at least seven court days before the hearing. In theevent that the applicant does not file an affidavit in support of hisapplication, the other party may file an affidavit at least seven court daysbefore the hearing, setting out such facts as he may consider relevant.
(d) At least four court days before the hearing, the applicant may file an affidavit replying to any facts set out in the answering affidavit.
(e) A copy of any affidavit filed with the registrar in accordance with the foregoing shall be delivered to the other party to the proceedings at itsappointed address for service.
(f) A notice of setdown shall be served upon every party to whom such notice is to be given at least ten court days prior to the hearing.
(g) Failure to comply with these provisions shall result in the matter being struck off the roll, and an appropriate award of costs shall be made by theregistrar.
(3) (a) In any opposed proceedings before the registrar in terms of this regulation which result in a hearing before the registrar, both parties to the mattershall file heads of argument at the office of the registrar not later than twocourt days before the date which has been set down for the hearing.
Such heads of argument shall consist of a concise and succinct statementof the main points (without elaboration) intended to be argued. A list ofauthorities relied upon in support of each point shall also be supplied.
Title to and interest in design applications and registrations
(1) An application for the recording of an assignment shall be made in duplicate on Form D7, accompanied by proof of title of such assignment.
(2) Any such application shall be made within six months of the event entitling the applicant to request a recording: Provided that the registrar may extend this timelimit if so requested on Form D4, and on payment of the appropriate feeprescribed in Schedule 1.
38. (1) A warrant or writ of execution or an attachment order in respect of a design application or registration shall be served on the applicant or the registered proprietor, as the case may be, and a copy of such writ or order, together withproof of service, shall be lodged with the registrar on Form D7 for recording in theregister.
(2) An entry of any attachment may be removed from the register on request being 39. (1) An application for the recording of a licence against a design application or registration shall be made on Form D7 within six months of the event entitling therecording of such licence: Provided that the registrar may extend this time limit onapplication on Form D4 and on payment of the appropriate fee prescribed inSchedule 1.
(2) The recording of a licence may be cancelled on request being made to the registrar on Form D4 accompanied by proof, to the satisfaction of the registrar,that the licence has been cancelled or otherwise terminated.
40. (1) The hypothecation of a design application or registration shall be recorded in the register on application on Form D7 accompanied by the deed of hypothecation.
(2) The application for recording shall be served also on the applicant or the registered proprietor, as the case may be, and on any other person recorded inthe register as having an interest in the design application or registration, andproof of service shall be furnished to the satisfaction of the registrar.
(3) The recording of the hypothecation may be removed from the register on application to the registrar on Form D4, accompanied by such proof of thetermination of the hypothecation as the registrar may require.
41. Alteration, correction and rectification, and amendment
(1) An applicant for or a registered proprietor of a design registration who changes his address or changes his name may apply to the registrar on Form D4 for thechange to be recorded, and the registrar shall alter the register accordingly.
(2) An applicant for or a registered proprietor of a design registration who changes his address for service shall apply to the registrar on Form D4 in terms ofregulation 5 (5) for the change to be recorded, and the registrar shall change theregister accordingly.
(3) An application for the correction of any clerical error or error in translation or other amendment in terms of section 26 of the Act shall be made on Form D12 andshall be accompanied by a copy/copies of the relevant document(s) showing thedesired correction, and a clean copy/copies of the document(s) in corrected oramended form.
(4) An application to amend a design application or a design registration in terms of section 27 of the Act shall be made on Form D12 and shall be accompanied by acopy/copies of the relevant document(s) showing the desired amendment, and aclean copy/copies of the document(s) in amended form.
(5) If, in the case of an application on Form D12, the registrar is satisfied that a correction or amendment in terms of section 26 of the Act is required to bepublished in terms of section 26 (4), or an amendment in terms of section 27 is incompliance with the Act, he shall direct the applicant for or the registeredproprietor of the design registration to advertise the correction or the amendment,as the case may be, once in the journal.
(6) In the case where the design application to be corrected or amended is not yet open for public inspection, the particulars to be published shall be those set out in Part I of Form D12. An application for correction or amendment so published maynot be inspected and may not be opposed.
(7) In the case where the design registration to be corrected or amended is open for public inspection, the particulars to be published shall be those set out in Parts Iand II of Form D12. An application for correction or amendment so published maybe inspected and may be opposed within two months of the date of suchpublication, in accordance with regulation 36.
(8) In the case of a correction or amendment as envisaged in subregulation (6), the registrar shall cause an entry to be made in the register to the effect that thecorrection or amendment is allowed.
(9) If in the case of a correction or amendment as envisaged in subregulation (7) no opposition is entered, or if the registrar at the conclusion of the hearingdetermines that the correction or amendment ought to be allowed, the registrarshall cause an entry to be made in the register to that effect.
(10) A request for the rectification of the register in terms of section 28 of the Act shall 42. Voluntary
surrender
(1) A notice by a registered proprietor of a design registration in terms of section 34 of the Act for the surrender of the design shall be lodged on Form D13.
(2) On receipt of a notification to surrender a design, an interested party may lodge an objection to the surrender, in accordance with regulation 36.
(3) If no opposition is entered, or if the registrar at the conclusion of the hearing concludes that the design ought to be surrendered, the registrar shall cause anentry to be made in the register to that effect.
(4) A request by an applicant to withdraw an application for the registration of a 43. Application for revocation
(1) An application for revocation in terms of section 31 of the Act shall be brought by way of notice of revocation on Form D14 or in a form as nearly as possible inaccordance with Form D14, and shall set out the ground or grounds on which therevocation is based, and shall be supported by an affidavit as to the facts uponwhich the applicant relies for relief.
(2) The notice, and all annexures to it, shall be duty lodged at the court, and a copy of such notice, and all annexures to it, shall be lodged with the registrar and shallbe served on the registered proprietor and on any other person recorded in theregister as having an interest in the design registration.
The provisions of regulation 36 shall, mutatis mutandis, apply to an application forrevocation in terms of section 31 of the Act and regulation 43. and the application shallbe proceeded with in a manner as nearly as possible in accordance with the procedureprovided for in regulation 36.
45. Application for compulsory licence
An application for a compulsory licence under section 21 of the Act shall be brought byway of notice of motion and shall be served on the registered proprietor and on anyother person recorded in the register as having an interest in the design registration.
46. Discretionary
(1) Before any discretionary power given to the registrar by the Act or these regulations is exercised to the detriment of any person, the registrar shall give theperson who will be affected by the exercise of such power an opportunity to beheard.
(2) Any application for a hearing shall be made within one month from the date on which the registrar gives such person the opportunity to be heard.
(3) Upon receiving such application, the registrar shall give the applicant one month's notice of the time when the applicant or his agent may be heard.
(4) Within 14 days from the date on which such notice would normally be delivered by post, the person applying shall notify the registrar whether or not he intends tobe heard in regard to the matter.
(5) The decision of the registrar in the exercise of any such discretionary power shall be conveyed, in writing, to the person affected.
47. Extension of time
Whenever any period is specified within which any act is to be performed the registrarmay, save where expressly provided otherwise, extend such period either before orafter its expiry.
48. Certificates
Where a certificate is required for any purpose in terms of section 40 of the Act, inregard to any entry, matter, or thing which the registrar is authorised by the Act or theseregulations to make or do, or where a copy or certificate is required in terms of section9, the registrar shall, on lodgement of Form D15, furnish such a certificate or copy.
49. Inspection
An inspection in terms of section 8 of the Act shall be permitted by the registrar onlodgement of Form D16.
50. Repeal of Regulations
The following Government Notices are hereby repealed:Government Notice R361 dated 29 December 1967Government Notice R2120 dated 29 December 1967Government Notice R587 dated 28 April 1995Government Notice R53 dated 19 January 1996Government Notice R312 dated 28 February 1997Government Notice R313 dated 28 February 1997.
51. Commencement
These regulations shall be called the Designs Regulations, 1999, and shall come intooperation on the date of publication hereof.
Schedule 1
concerned
On application for registration of a design for each On application to registrar for statement of grounds for Late lodgement of documents in terms of regulation 23 Request to inspect the register and documents interms of sections 8 and 19, regulation 49 Application to claim priority in terms of section 44after an application for registration of a designhas been filed, regulation 17 (5) Application for revocation of a registered designin terms of section 31, regulations 43 and 44 Application to rectify register in terms of section28, regulation 41 (10) Application for recording change of address forservice in terms of section 51 (2), regulation 41(2) Application to remove recording of hypothecationin terms of regulation 40 (3) Request for classification in terms of section 15,regulation 9 Application for restoration in terms of section 23(1), regulation 35 (1) Application for copy or original design registrationcertificate Request for recognition in another conventionapplication of a certificate lodged in respect of afirst convention application, regulation 17 (6) Request for copies to be supplied of documentsor particulars of the register in terms of sections 9 Application of the extension of the period for payment ofrenewal fees in terms of section 22, regulation 34, for thefirst month Thereafter, for each month or part thereof (not exceedingfive months) Renewal fees in terms of section 22 (1), regulation 34: Application for the correction of clerical errors and amendment of documents in terms of section 26 and 27,regulation 41 Application to record a transaction affecting the rights in adesign application or registered design in terms of section29 and 30: Application for the voluntary surrender of a registered design in terms of section 34, regulation 42 Certification of reprographic extracts from register or documents in terms of section 9, regulations 40 and 48 Schedule 2
Application and acknowledgement
THE GRANT OF A DESIGN REGISTRATION IS HEREBY REQUESTED BY THEUNDERMENTIONED APPLICANT ON THE BASIS OF THE PRESENTAPPLICATION Application No.:……………………………………………………………………………….
Full names) of applicant(s):…………………………………………………………….….
Addresses) of applicant(s):………………………………………………………………….
Articles to which design is to be applied: THIS APPLICATION IS ACCOMPANIED BY THE FOLLOWING: …………………………………………APPLICANT/APPLICANT'S Register of designs
Articles to which design is to be applied: Licences, assignments, attachments, etc.
Declaration and power of attorney
Articles to which design is to be applied: I/We am/are the applicant(s) mentioned and have knowledge of the facts hereinstated.
I/We have been authorised by the applicants) to make this declaration and haveknowledge of the facts herein stated in the capacity of . of theapplicant(s).
The applicants) claims/claim to be the proprietor(s) of the design.
The design was first made available to the public on the release date stated above.
To the best of my/our knowledge and belief, if a design registration is granted on theapplication there will be no lawful ground for the revocation of the design registration.
This is a convention application and the earliest application from which priority isclaimed as set out above is the first application in a convention country in respect ofthe design.
The partners and qualified staff of the firm of .:., patentattorneys/attorneys, are authorised, jointly and severally, with powers of substitutionand revocation, to represent the applicants) in this application and to be the addressfor service of the applicants) while the application is pending and after a. design hasbeen registered.
Date: ___________________________________________Place: ___________________________________________ Application or request to the Registrar
In terms of the following sections and regulations:(a) section(b) regulationthe applicant hereby requests the following: Documents, if any, lodged in support of the request: _________________________________APPLICANT/APPLICANT'S AGENTAddress for service: The above application or request is hereby allowed / refused Reasons for refusal orconditions of allowance, if any: Late lodging of documents
The following documents not accompanying the application as lodged or required by theRegistrar are hereby submitted: ______________________________APPLICANT/APPLICANT'S AGENT Late lodging of documents is acknowledged Definitive statement and explanatory statement
Articles to which design is to be applied: Definitive statement:.…….
.
.…………… Explanatory statement:.…….
.…….
.…….
Application to record a transaction affecting the rights in a design application or
registration
(Sections 29, 30 - Regulations 37, 38, 39, 40) Section of Act under which recording is required: Documents lodged in support of this application: Date:_______________________________APPLICANT/APPLICANT'S AGENTAddress for service: The above transaction has been recorded in the designs register Publication particulars
Articles to which design is to be applied: Brief statement of features:(Not more than 150 words)(The publication representation to be attached) Request for classification
Articles to which design is to be applied: In terms of section 15 (4) and regulation 9 (2) the applicant hereby requests the registrar todetermine the classes) in which a design applications) is(are) to be filed.
Documents, if any, lodged in support of the request: _______________________________________APPLICANT/APPLICANT'S AGENTAddress for service: The determination of the registrar is as follows: Payment and certificate of renewal (including a request for extension)
The undermentioned amounts) is(are) forwarded herewith: The amount of R ______in respect of a renewal fee is hereby paid to keep the above design in force for another period of_______ years from theabove-mentioned renewal date.
The amount of R ______is hereby paid and you are requested to grant anextension of ________months for the payment of the renewal fee.
The amount of R ______is hereby paid in respect of outstanding annual feesafter restoration of the design.
_______________________________APPLICANT/APPLICANT'S AGENTAddress for service: Receipt of the above amounts) is hereby acknowledged and by virtue of such payment therights of the proprietor(s) remain in force for the period shown above.
The request for extension of time is here granted/refused.
Official date stamp…………………….
.
NOTE: Fee payable in terms of Schedule 1 to the regulationsGENERAL: The duplicate will be returned but is not valid unless endorsed with the officialstamp.
Opposition in proceedings before the Registrar
Full name(s) of applicant(s)/registeredproprietor: TAKE NOTICE THAT the opponent, seeks an order-(a) .
(b) .
(c) and that the accompanying affidavit of . will be used in supportthereof.
TAKE NOTICE FURTHER that the opponent has appointed the address for service set forthbelow at which he will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you intend contesting these proceedings you are required- to notify the opponent and the registrar in writing on or before the . . . .
within two months after such notice of your intention to contest theproceedings, to file your answering affidavits, if any; and you are furtherrequired to appoint on such notification an address for service at which youwill accept notice and service of all documents in these proceedings.
If no such notice of intention to contest be given, the application will be made on .….
at . (time).
.………………………………….
OPPONENT/OPPONENT'S AGENT Lodgement of this document/accompanying documents is acknowledged. .
Application to correct and/or amend a design application or registration
Full name(s) of applicant(s) registeredproprietor: Articles to which design is to be applied: The applicant hereby requests the correction or amendment of the above designapplication/registration in terms of section 26, as shown on the attached relevantcopies.
The applicant hereby applies to amend the above design application/registration interms of section 27, as shown on the attached relevant copies.
The reasons for making the correction/amendment are as follows: Date:______________________________APPLICANT/APPLICANT'S AGENTAddress for service: The application is to be published in the journal Application for the voluntary surrender of a registered design
Full name(s) of registered proprietor(s): hereby declare that-1. (a) I/we am/are the proprietor(s) mentioned above;1. (b) I/we am/are authorised by the proprietor(s) to make this offer;2. I/we hereby offer to surrender the above-mentioned design registration; no action for infringement or proceedings for revocation of the design are pendingexcept as set out below; and.
.
the reasons for making this offer are as follows:.
.
Date:________________________________APPLICANT/APPLICANT'S AGENT The above offer to surrender has been allowed/refused In the Supreme Court application for revocation Full name(s) of registered proprietor(s): TAKE NOTICE THAT the applicant seeks an order- (a).……….
(b).……….
(c). and that the accompanyingaffidavit of . will be used in support thereof.
TAKE NOTICE FURTHER that the applicant has appointed the address for service set forthbelow at which he will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you intend opposing these proceedings you are required(a) to notify the above court, the applicant and the registrar of designs in writing on orbefore the .; within two months after such notice of your intention to oppose the proceedings, tofile your answering affidavits, if any; and you are further required to appoint in suchnotification an address for service at which you will accept notice and service of alldocuments in these proceedings.
If no such notice of intention to oppose be given, the application will be made on. at . (time).
_______________________________APPLICANT/APPLICANT'S AGENT Lodgement of this document/accompanying documents isacknowledged.
In terms of the following sections and/or regulations: the applicant hereby requests the following: Documents, if any, lodged in support of the request: _____________________________APPLICANT/APPLICANT'S AGENT Request for search and inspection(Sections 8, 9, 22 - Regulation 49) that I be permitted to search in classes) _______________________________ inrespect of a design relating to ____________________________________; that I be permitted such inspection of records as I may be entitled to; and that I be permitted to make or be supplied with the following copies ______________.
I hereby request the registrar to state in writing the grounds for his decision at the abovehearing, and the facts relied upon to arrive at such decision.
_______________________________APPLICANT/APPLICANT'S AGENT The grounds for the registrar's decision and facts relied upon are as follows/are attached: Application for the restoration of a lapsed design registration Full address(es) of registered proprietor(s) I/we hereby apply for the restoration of the above-mentioned design registration.
I am/we are the proprietor's) mentioned above; or 2.(b) I am/we are authorised to represent the above-mentioned proprietor(s) in this The circumstances under which the design registration lapsed and the grounds onwhich restoration is requested are set out in the accompanying affidavit(s).
________________________________APPLICANT/APPLICANT'S AGENT The above application is to be published in the journal.
Schedule 3
CLASSIFICATION
Class 1 Foodstuffs
Bakers' products, biscuits, pastry, macaroni, and other cereal products,chocolates confectionery, ices.
Class 2 Articles of clothing and haberdashery
2-02 Garments.
2-03 Headwear.
2-04 Travel goods, cases, parasols and personal belongings, not elsewhere
specified
Trunks, suitcases, briefcases, handbags, keyholders, cases speciallydesigned for their contents, wallets and similar articles.
Brushware
Textile piecegood articles, artificial and natural sheet material
5-02 Lace.
5-03 Embroidery.
5-04 Class 6 Furnishing
Class 7 Household goods, not elsewhere specified
China, glassware, dishes and other articles of a similar nature.
Hand-manipulated utensils, instruments and appliances for serving orpreparing food or drink.
Class 8 Tools and hardware
Fastening, supporting or mounting devices not included in other classes.
Metal fittings and mountings for doors, windows and furniture and similararticles.
Packages and containers for the transport or handling of goods
Bottles, flasks, pots, carboys, demijohns and containers with dynamicdispensing means.
Clocks and watches, and other measuring instruments, checking and
signalling instruments
Casings, dials, hands and all other parts and accessories of instruments formeasuring, checking and signalling.
Articles
adornment
Trinkets, table, mantel and wall ornaments, flower vases and pots.
Means of transport or hoisting
Locomotive and rolling stock for railways and all other rail vehicles 12-09 Tractors.
12-10 Trailers.
12-11 Parts, equipment and accessories for vehicles, not included in other classesor subclasses.
Equipment for production, distribution or transformation of electricity
Recording, communication or information retrieval equipment
Equipment for the recording or reproduction of sounds or pictures.
Communications equipment, wireless remote controls and radio amplifiers.
Machines, not
elsewhere specified
Photographic, cinematographic and optical apparatus
instruments
Printing and office machinery
Bookbinding machines, printers' stapling machines, guillotines and trimmers(for bookbinding).
Stationery and office equipment, artists' and teaching materials
Materials and instruments for writing by hand, for drawing, for painting, for[sic] Sales and advertising equipment, signs
Games, toys, tents and sports goods
Arms, pyrotechnic articles, articles for hunting, fishing and pest killing
Fluid distribution equipment, sanitary, heating, ventilation and air
conditioning equipment, solid fuel
Medical and laboratory
equipment
Fixed apparatus and equipment for doctors, hospitals and laboratories.
Building units and construction elements
Lighting
apparatus
Lamps, standard lamps, chandeliers, wall and ceiling fixtures, lampshades,reflectors, photographic and cinematographic projector lamps.
Tobacco and smokers' supplies
27-03 Ashtrays.
27-04 Matches.
27-05 Lighters.
27-06 Pharmaceutical and cosmetic products, toilet articles and apparatus
Devices and equipment against fire hazards, for accident prevention
and for rescue
Devices and equipment for accident prevention and for rescue, not elsewherespecified.
Articles for the care and handling of animals
Machines and appliances for preparing food or drink, not elsewhere
specified
Miscellaneous

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