Registered designs are one of the most practical and accessible forms of intellectual property protection available to entrepreneurs and businesses in South Africa. In a recent discussion on RSG, Marko Vermaak explained how design protection works, the different types available, and why they are so valuable.
What Is a Registered Design?
A registered design is a form of intellectual property protection that safeguards the outward appearance or functional shape of a product. This applies whether the product is entirely new or an existing product with a new design element.
Design protection focuses on:
- The visual identity of a product, or
- The shape that performs a function
Registration grants the owner the exclusive right to prevent others from making, selling, importing, or using the same or a substantially similar design.
In South Africa, there are two types of registered designs:
-
Aesthetic Designs
Aesthetic designs protect how a product looks.
This includes:
- Shape
- Pattern
- Decorative finish
- Configuration
- Surface features or texture
The emphasis is on what the eye perceives. Importantly, aesthetic value is not judged by whether something is “beautiful,” but rather whether it is distinctive and stands out from similar products.
Protection term: Up to 15 years
-
Functional Designs
Functional designs protect the shape or configuration of a product that is necessary for it to work.
This relates to:
- How the appearance enables the product to function
- How it fits, operates, or achieves its purpose
It is important to note that a functional design protects the shape — not the concept or invention itself (which would instead fall under patent protection).
Protection term: Up to 10 years
Can a Product Have Both Types of Protection?
Yes — and this is often a very strategic approach.
A product may qualify for:
- Aesthetic design protection (how it looks), and
- Functional design protection (how its shape performs a function)
Registering both types can provide broader and more effective protection against copying.
Practical Examples of Design Protection
The Crocs Example
The well-known rubber clogs manufactured by Crocs provide an excellent illustration of dual design protection.
Aesthetic elements include:
- The distinctive overall shape
- The rounded front
- The pattern of ventilation holes
- The recognisable profile
Although shoes have existed for centuries, this particular design introduced a visually distinctive product.
Functional elements include:
- The pivoting heel strap
- The stabilising configuration that secures the shoe to the foot
That strap does more than create a different look — it performs a functional role and could therefore qualify for functional design protection.
The Coca-Cola Bottle
The classic glass bottle associated with Coca-Cola is one of the most famous examples of an aesthetic design worldwide.
Its protectable features include:
- The unique curves
- The flowing contour
- The proportions
- The instantly recognisable silhouette
Even without a label, most people can identify it immediately.
From a functional perspective, the bottle’s neck and opening are specifically shaped to accommodate a bottle cap and create a sealed closure. That functional shape could qualify for functional design protection.
However, design protection only lasts between 10 and 15 years. Given how long this bottle shape has existed, any original design registration would have long since expired.
Why Design Protection Matters for Entrepreneurs
For entrepreneurs and small businesses, registered designs can:
- Protect against imitation and counterfeit products
- Distinguish products in a competitive market
- Provide commercial advantage
- Reassure investors
- Enable legal action against infringers
The registration process in South Africa is generally:
- Efficient
- Cost-effective
- Often the ideal first step for a new product designer
The Importance of Timing
While South African law provides a six-month grace period from the date the original owner first discloses the design publicly, relying on this can be risky.
If a third party releases a similar product during that six-month window, the original designer may not be able to prevent its sale, use, or importation.
For this reason, it is always advisable to secure protection before publicly disclosing the design — even on personal social media platforms.
How the Registration Process Works
The most critical element of a design application is the visual representation of the design. These representations define exactly what is being protected.
They may be submitted as:
- Photographs
- Illustrations
- Hand sketches
- Black-and-white line drawings
In practice, black-and-white line drawings are preferred. They provide the clearest depiction from multiple angles and strengthen protection because they avoid distractions caused by colour, shading, or texture.
At Bredenkamp Attorneys, professional specialist draughtsmen assist in preparing technical drawings to ensure maximum protection. Once finalised, the representations are submitted together with the prescribed forms to the Patent Office, where the formal registration process begins.
Why Professional Guidance Matters
Although the process may sound simple, even a minor error in the drawings or classification can significantly weaken protection or result in registration in the incorrect class of goods.
Design applications must be correct the first time.
Specialist intellectual property practitioners:
- Understand the technical filing requirements
- Ensure the correct views and angles are included
- Conduct design searches to confirm novelty
- Help avoid unintentional infringement of existing rights
In short, the process can be straightforward — but only when handled correctly.
Final Thoughts
Even though products such as shoes and bottles have existed for centuries, a new and distinctive version of an existing product can still qualify for protection.
Registered designs protect:
- Identity
- Shape
- Functional elements
- The overall look and feel of a product
This is how businesses preserve creativity and originality in the marketplace.
