To protect your intellectual property, it’s important to have the CIPC design registration process explained. By registering a design you have created, you secure the legal right to prevent others from using it for commercial purposes without your permission. This protection can apply to the appearance of an object or to certain aspects of how it functions. Bredenkamp IP guides you through the requirements and the potential pitfalls, making sure your design is properly protected from the start.
CIPC Design Registration Process Explained: What is it?
The Companies and Intellectual Property Commission (CIPC) is South Africa’s governing body that registers intellectual property, companies, co-operatives, and close corporations, ensuring compliance with corporate and IP law. We start explaining the CIPC design registration process by identifying that South African law recognises two main categories of registered designs, with each offering protection for different aspects of a product:
- Aesthetic design: This protects the visual features of an item that is judged by the eye: shape and/or pattern and/or configuration and/or decorative elements. These typically apply to visually distinctive pieces, such as fashion and jewellery.
- Functional design: This protects the visual features of a product that are determined by how it works. This includes the shape and/or configuration and/or pattern of components whose form is driven by a practical use, such as specialised tools.
The first step is choosing the correct category and class in which your design needs to be registered to ensure you obtain the right form of legal protection.
Requirements for registration
- One needs to be registered as a customer on the CIPC’s e-filing services in order to transact and file design applications.
- The submission of a design application requires the completion of multiple forms and supporting documents, including definitive and explanatory statements in respect of the design.
Helpful Tips When Submitting Designs
It is advisable to submit at least seven different perspectives of the top, side, perspective and front views. From these images, one is chosen as a publication drawing.
The CIPC reviews each application to ensure it meets all the legal requirements. Once your application is approved, a request for publication and grant must be filed, after which the design is formally registered, giving you exclusive rights to the aesthetic or functional design.
The Possible Pitfalls
The design registration process includes several crucial nuances, such as distinguishing between aesthetic and functional designs, and ensuring the right design classifications are used. An international classification is used for purposes of the registration of industrial designs. By opting to work through an attorney, you could avoid costly errors, file your application accurately, have access to expert draftsmen for the creation of drawings in the correct format, and have legal recourse when needed. Their expertise ensures your creative asset is fully protected and not at risk of being invalid or not enforced.
Protecting Your Interests
With the CIPC design registration process explained, you can make an informed decision and consult with Bredenkamp Intellectual Property Attorneys. Protecting your IP assets is critical and should be handled by a specialised team that has a vested interest in the well-being of our customers. To better advise you on all matters related to IP, reach out to Bredenkamp IP.
