Registered Design Amendments Upheld Despite Appeals
Bredenkamp Attorneys is pleased to announce that the High Court’s judgment confirming the amendment of a registered design to include a release date post-grant remains firmly in place, despite multiple attempts to overturn it. This decision establishes a significant precedent in South African design law.
Our client applied to the Registrar of Designs to amend registered designs by adding a release date after the grant of registration. The Registrar referred the matter to the High Court, which confirmed the amendment—a pivotal ruling, as such an amendment had never been granted in South Africa before.
The defendants sought to challenge this decision, first applying for leave to appeal in the High Court. Their application was dismissed. They then approached the Supreme Court of Appeal (SCA) for leave to appeal, but the SCA likewise dismissed their application.
As a result, the High Court’s judgment stands, confirming that a registered design may be amended to include a release date after grant.
This ruling reinforces the adaptability of South African design law and provides crucial legal certainty for rights holders seeking to amend registered designs.
At Bredenkamp Attorneys, we are proud to have successfully defended this position and remain committed to advancing intellectual property rights in South Africa.
For more information on design registrations and amendments, contact our team today.
