This is the version of this Government Notice as it was from 10 October 2005 to 31 December 2006. Read the latest available version.
Taxonomies
Related documents
- Is amended by Designs Regulations, 1999: Amendment
- Is amended by Designs Regulations, 1999: Amendment
- Is amended by Designs Regulations, 1999: Amendment
South Africa
Designs Act, 1993
Designs Regulations, 1999
Government Notice R844 of 1999
- Published in Government Gazette 20256 on 2 July 1999
- Commenced on 2 July 1999
- [This is the version of this document as it was from 10 October 2005 to 31 December 2006.]
- [Amended by Designs Regulations, 1999: Amendment (Government Notice R602 of 2005) on 1 July 2005]
- [Amended by Designs Regulations, 1999: Amendment (Government Notice R988 of 2005) on 10 October 2005]
1. Definitions
In these regulations any expression to which a meaning has been assigned in the Designs Act, 1993 Act 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 of 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 No. 195 of 1993).[regulation 1 substituted by section 2 of Government Notice R602 of 2005]1A. Electronic services
2. Office hours
3. Fees
4. Forms
The forms referred to in these regulations are the forms contained in Schedule 2 hereto, and such forms whether in paper form or in any electronic form authorized by the registrar for electronic services, shall be used substantially in the manner prescribed for those cases to which they are applicable, but they may be modified or amended with the approval of the registrar and to the extent necessary to meet the requirements of other cases.[regulation 4 substituted by section 5 of Government Notice R602 of 2005]5. Appointment of agent
6. Address and address for service
7.
Where any person is required by the Act or by these regulations to furnish the registrar with an address or an address for service, the following provisions shall apply:8. The register and indexes
9. Classification
10. Documents
Top: | 20 mm |
Left side: | 25 mm |
Right side: | 15 mm |
Bottom: | 10 mm |
11. Completion and signature of documents
12. Application for registration
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 the same design in both Part A and Part F of the register and/or in more than one class, a separate application shall be made in each case, and each such separate application shall be numbered separately and shall be treated as a separate and distinct application.14.
An application shall state the article or articles to which the design is to be applied, and where the registrar so requires, the applicant shall state also for what purpose the article(s) to which the design is to be applied will be used.15.
16.
17. Applications in terms of section 44 of the Act
18. Representations
There shall be furnished in connection with an application for the registration of a design to be applied to an article, four identical representations or sets of representations (when more than one figure is used), which may be in the form of drawings or photographs, or in the form of specimens or other records where the registrar so directs.19.
20.
21.
22.
23. Late lodging of documents
A document which did not accompany an application in terms of regulation 12(1) or 17(2) shall be lodged on Form D5 within six months of the date on which the application was lodged.24. Requests and applications to the registrar
Unless otherwise provided, any request or application to the registrar shall be made on Form D4, in duplicate, quoting the section of the Act or the regulation or both under which the request or application is made, and setting out the relief sought. The duplicate of the form shall be returned to the applicant or his agent to inform the applicant 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 furnish the applicant with an acknowledgement thereof, by returning to the applicant the copy of the Form DI with the official application number and filing date entered thereon.26.
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 months or such further period as the registrar may on request allow, the applicant rectifies any defect, or applies for a hearing, or makes written representations, he shall be deemed to have withdrawn his application. The decision of the registrar at such hearing or on such 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 on request allow, apply upon Form D17 requiring the registrar to state, in writing, the grounds for his decision and also the facts relied upon in arriving at such a decision.29.
Upon receipt of the Form D17 referred to in regulation 28 the registrar shall send to the applicant a statement, in writing, of the grounds for his decision, and the date on which such statement is sent shall be deemed to be the date of the registrar's decision for purposes of appeal, and an appeal may be lodged within three months from the date of such 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, the registrar shall give written notice of such registration to the applicant or his agent, which notice shall be accompanied by the duplicate copy of Form D8.31. Publication of registration
32. Non-finalisation
33. Death of applicant or owner
In the event of the death of any applicant in an application for the registration of a design, or of the registered proprietor of a design registration, the registrar may, on request being lodged on Form D4 and on being satisfied of the death of the applicant or proprietor and the title of the person claiming to be entitled to the design, enter in the register, in place of the name of such deceased applicant or owner, the name, address and description of the person who has become entitled to the design.34. Renewal
35. Restoration
36. Procedure on opposition
37. Title to and interest in design applications and registrations
38.
39.
40.
41. Alteration, correction and rectification, and amendment
42. Voluntary surrender
43. Application for revocation
44.
The provisions of regulation 36 shall, mutatis mutandis, apply to an application for revocation in terms of section 31 of the Act and regulation 43, and the application shall be proceeded with in a manner as nearly as possible in accordance with the procedure provided for in regulation 36.45. Application for compulsory licence
An application for a compulsory licence under section 21 of the Act shall be brought by way of notice of motion and shall be served on the registered proprietor and on any other person recorded in the register as having an interest in the design registration.46. Discretionary power
47. Extension of time
Whenever any period is specified within which any act is to be performed the registrar may, save where expressly provided otherwise, extend such period either before or after its expiry.48. Certificates
Where a certificate is required for any purpose in terms of section 40 of the Act, in regard to any entry, matter, or thing which the registrar is authorised by the Act or these regulations to make or do, or where a copy or certificate is required in terms of section 9, 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 on lodgement of Form DI6.50. Repeal of regulations
The following Government Notices are hereby repealed:Government Notice No. R.361 dated 29 December 1967Government Notice No. R.2120 dated 29 December 1967Government Notice No. R.587 dated 28 April 1995Government Notice No. R.53 dated 19 January 1996Government Notice No. R.312 dated 28 February 1997Government Notice No. R.313 dated 28 February 1997.51. Commencement
These regulations shall be called the Designs Regulations, 1999, and shall come into operation on the date of publication hereof.History of this document
01 January 2007
10 October 2005 this version
Amended by
Designs Regulations, 1999: Amendment
01 July 2005
02 July 1999
Cited documents 2
Legislation 2
1. | Trade Marks Act, 1993 | 153 citations |
2. | Designs Act, 1993 | 50 citations |