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3. If the design is dictated solely by function, protection is available only if the design is sufficiently inventive to qualify for patent protection.


In 1993 South Africa addressed the problem of functionality by the creation of two registers, one for aesthetic designs and a second for functional designs, with aesthetic designs having a longer term of protection than functional ones. [17] However, there is a prohibition on the protection of spare parts as functional designs but not on their protection as aesthetic designs. [18]



[17] South African Designs Act 1993 S22. On the other hand, for aesthetic designs it is specifically provided that protection shall not extend to features necessitated solely by the function which the article is to perform. There is no such limitation on functional designs. Designs Act 1993, S14(5).
[18] South African Designs Act 1993 s 14(6).


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© Copyright 2002 John Richards - Posted July 2002
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