ZA008: Designs, Regulations, 28/04/1995, No. 587
No. R. 587 28 April 1995
DESIGNS ACT, 1993
DESIGNS REGULATIONS, 1995
The Minister of Trade and Industry has, by virtue of the powers vested in him in terms of section 54 of the Designs Act, 1993 (Act No. 195 of 1993), made the following regulations and, with the concurrence of the Minister of State Expenditure, prescribed the matters in respect of which fees shall be payable and the tariff of such fees as set forth in Schedule 1 hereto.
Definitions
1. In these regulations any expression to which a meaning has been assigned in the Designs Act, 1993, shall, unless the context otherwise indicates, bear the meaning so assigned, and-
"specimen" means an article with a design applied to it; and
"the Act" means the Designs Act, 1993 (Act No. 195 of 1993).
Office hours
2.-
(1) The office shall be open to the public from Mondays to Fridays from 08:30 to 15:30, except on the following days:
(a) All days proclaimed public holidays in terms of any law; and
(b) days which may from time to time be notified by the registrar in the journal or by the displaying of a notice in a conspicuous place at the office.
(2) Whenever the last day fixed by the Act or by these regulations for doing anything falls on a day when the office is not open to the public, it shall be lawful to do any such thing on the next day on which the office is open to the public.
Fees
3.-
(1) The fees to be paid in terms of the Act shall be the fees specified in Schedule 1 hereto, and shall be payable as follows:
(a) By affixing or applying revenue stamps to any relevant document, which stamps may be cancelled by a receiver of revenue or the registrar; or
(b) in such other manner as the registrar may direct.
(2) For the purposes of this regulation, the word "stamp" shall bear the meaning assigned to it by section 1 of the Stamp Duties Act, 1968 (Act No. 77 of 1968).
Forms
4. The forms referred to in these regulations are the forms contained in Schedule 2 hereto, and such forms 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.
Appointment of agent
5.-
(1) An application for registration and all other communications with the registrar, may be made by or through an agent duly authorised to the satisfaction of the registrar.
(2) If a person (hereinafter referred to as "the principal") appoints an agent, service upon such agent of any document relating to the design shall be deemed to be service upon the principal, and all communications to be directed to the principal in respect of the design may be addressed to such agent.
(3) Any agent appointed to act on behalf of a principal shall file a power of attorney authorising such agent to act on behalf of the principal.
(4) On termination of the authority of an agent referred to in subregulation (3), the principal concerned may act on his own behalf or may appoint any other agent to act for him.
(5) Where the authority of an agent is terminated as envisaged in subregulation (4) the principal concerned shall, within one month of the date of such termination or such further period as the registrar may allow, furnish the registrar with a new address for service and request the registrar to change the previous address for service in terms of section 51 of the Act by lodging Form D4.
(6) The registration of an assignment shall not revoke a power of attorney previously given, unless the assignee appoints another agent who files a power of attorney in terms of subregulation (3).
(7) An agent who withdraws from proceedings under the Act may do so on notice to the registrar. Upon withdrawal of an agent the provisions of subregulation (4) shall apply.
Address and address for service
6.-
(1) On all documents lodged in terms of the Act and these regulations there shall be stated the address for service of the person by or on behalf of whom the document has been lodged.
(2) An address for service shall in all cases be in the Republic.
(3) Any change of address or address for service shall be made by lodging Form D4. If a person who changes his address or address for service is a party to any proceedings under the Act or these regulations, he shall give notice of such change of address or address for service to every other person who is a party to the proceedings.
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:
(a) The address given shall be an address to which mail is delivered, and if such an address is a street address it shall be as complete as possible in order to make it possible to locate the address.
(b) If the address given is not a street address, a street address shall also be provided which shall be as complete as possible in order to make it possible to locate the address.
(c) An address or an address for service may, in addition, include a facsimile transmission number.
The register and indexes
8.-
(1) On receipt of an application for a design registration, the registrar shall allocate to the application an official application number which shall include the symbol "A" or "F", as the case may be, as part thereof in terms of subregulation (7).
(2) The registrar shall cause to be entered in the register the particulars called for in Form D2, which particulars shall include the official application number, the name, address and address for service of the applicant and the date of application, the part of the register in which the application is filed, the class in which the application is filed, the articles to which the design is to be applied, and particulars of a convention application (if any).
(3) When the design is registered there shall be entered in the register the date of registration, the date of publication of the application in the journal, subsequent notifications of assignments, licences, hypothecs, amendments, and such other matters as may be determined by the registrar.
(4) The registrar shall maintain a record containing a representation or representations or a specimen or specimens of the design which has been registered, in such form as the registrar may deem necessary.
(5) The registrar shall maintain an alphabetical index of the names of all applicants for and all proprietors of design registrations on the register, and an alphabetical index of the names of all assignees of design applications and design registrations, and the registrar may also maintain an alphabetical index of the names of all registered licensees, all hypothec holders and all persons who caused an attachment to be entered.
(6) The registrar shall maintain an index of all registered design according to their classification, based on the publication particulars as published in the journal in accordance with regulation 31.
(7) The registrar shall cause the entries in respect of registrations in Part A of the register and those in respect of registrations in Part F of the register to be clearly identified as such.
Classification of goods
9.-
(1) For the purposes of the registration of anesthetic and functional designs in accordance with the Act and these regulations, goods shall be classified in accordance with the classification in Schedule 3 hereto.
(2) In the case of doubt as to the class to which any particular description of goods belong, the registrar shall determine such class. A request for such a determination as to class shall be lodged on Form D9.
(3) For the purposes of classifying goods in accordance with Schedule 3 hereto and of interpreting this Schedule, reference shall be had to the International Classification of Industrial Designs, originally adopted by the Locarno Union in 1971, as subsequently amended and put into force on 1 January 1989, including the explanatory notes and the lists of goods contained therein.
(4) In the event of the International Classification of Industrial Designs being further amended at any future time, the registrar shall decide if such amendment is to be applicable for the purposes of subregulation (3) above, and shall in that case, to the extent that such amendment may necessitate an amendment of Schedule 3 hereto, so amend Schedule 3.
Documents
10.-
(1) Subject to any directions that may be given by the registrar all documents, other than drawings and priority documents, required by the Act or by these regulations to be filed with the registrar shall be in one of the official languages of the Republic.
(2) All such documents shall be so presented as to permit reproduction by photography or reprography of an unlimited number of copies. Only one side of a sheet shall be used, except where otherwise specified.
(3) Save as specifically provided otherwise, all documents shall be on A4 paper, which shall be strong, pliable and durable. Each sheet shall be used with its short sides at the top and bottom (except where inappropriate in the case of drawings).
(4) Except for drawings and priority documents lodged in terms of regulation 17 (2), the minimum margins (which shall be kept completely blank) shall be as follows:
Top: 20 mm.
Left side: 25 mm.
Right side: 15 mm.
Bottom: 10 mm.
(5) In all typed or printed documents the letters shall be of readily legible size. All documents except drawings shall be in typescript or lithographed or printed in dark, durable colour.
(6) In all documents units of measure shall be expressed in terms of the SI System. If a different system is used, units of measure shall be expressed also in terms of the SI System. In general, use shall be made of technical terms, signs and symbols generally accepted in the field in question, where such terms, signs or symbols are used.
(7) All documents, including drawings, shall be reasonably free from erasures and from alterations, overwritings and interlineations and shall in all cases be legible.
Completion and signature of documents
11.-
(1) If application for the registration of a design, or for the recording of an assignment or a licence or any other right in respect of a design registration is made by a firm or partnership, it shall not be necessary for the names of all the members or partners to be given on the relevant document.
(2) A document lodged by a firm or partnership may be signed in the name of the firm or partnership and for and on behalf of the firm or partnership by any one or more of the members or partners thereof. A document lodged by a body corporate shall be signed by an authorised officer of such body corporate or by another authorised person.
Application for registration
12.-
(1) An application for the registration of a design shall be made on Form D1 and shall be accompanied by the following documents:
(a) Form D1, in duplicate, one copy of which shall be returned to the applicant as proof of lodgement;
(c) Form D3, which shall include a declaration by the applicant that he is the proprietor of the design, and a power of attorney in the case where an agent is appointed;
(d) a representation or representations, in the prescribed form;
(e) a definitive statement on Form D6, in duplicate, as prescribed; and
(f) publication particulars on Form D8, with an attached publication drawing, all in duplicate, for purposes of publication.
(2) An application for registration of a design shall be signed by the applicant(s) or his (their agent).
(3) Where the applicant has acquired the design and the right to apply from a predecessor in title as envisaged in section 1 (1) of the Act, the registrar may call for an assignment or other proof, to the satisfaction of the registrar, of the right of the applicant to apply.
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.-
(1) An application shall contain, on Form D6, a definitive statement setting out the features of the design for which protection is claimed. The definitive statement shall be used to interpret the scope of the protection afforded by the design registration. In the definitive statement reference may be made to reference symbols appearing in or on the representations.
(2) In the case of an application for the registration of an aesthetic design and of a functional design which is not an integrated circuit topography, a mask work or a series of mask works, the definitive statement may be accompanied, on Form D6, by an explanatory statement relating to the design, which explanatory statement may refer to features of the article(s) to which the design is to be applied including the function and/or the method or principle of construction of the article(s).
(3) In the case of an application for the registration of a functional design for an integrated circuit topography, a mask work or a series of mask works, the definitive statement shall be accompanied, on Form D6, by an explanatory statement as envisaged in subregulation (2) above, which explanatory statement shall refer to the function and operation of the integrated circuit topography, mask work or series of mask works.
16.-
(1) An application shall include publication particulars, on Form D8, which shall include a brief statement of the features of the design, to the satisfaction of the registrar, but which shall not be used to interpret the scope of the definitive statement. The brief statement of features shall be in narrative form and generally limited to a single paragraph of not more than 100 words. The statement shall refer to the article or articles to which the design is to be applied. The publication particulars shall be published in the journal.
(2) Save as provided for in subregulation (3), the publication particulars shall be accompanied by a single representation of the design in a form suitable for publication in the journal. Features mentioned in the brief statement of features and illustrated and identified by reference symbols in the accompanying representation may be identified by the relevant reference symbols in the statement of features.
(3) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, the publication particulars need not be accompanied by a drawing of the design for publication in the journal where the representations as lodged in terms of regulations 12 and 18, by reason of size or for other reasons, are not suitable to form the basis of a drawing for publication in the journal.
Applications in terms of section 44 of the Act
17.-
(1) Where an application for registration of a design is made pursuant to an application in a convention country in terms of section 44 of the Act (hereinafter referred to as a "convention application"), the form D1 lodged in support of the convention application shall state the name of the convention country, the official date of the application in the convention country and the official filing number allocated to such application.
(2) In addition to the documents required under regulation 12 (1), the applicant in a convention application shall furnish the registrar with a certificate by the registering authority of the convention country verifying, to the satisfaction of the registrar, the application made in the convention country. If the certificate is in a language other than on official language of the Republic, it shall be accompanied by a translation into one of the official languages, which translation shall be verified to the satisfaction of the registrar.
(3) The certificate referred to in subregulation (2) shall be lodged within three months of the lodging of the convention application or within such further period as the registrar may on request allow.
(4) A convention application, if not made by the applicant in the convention country, shall contain also an assignment or other proof, to the satisfaction of the registrar, of the applicant's right to file the convention application.
Representations
18. There shall be furnished in connection with an application for the registration of a design to be applied to an article, seven 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.-
(1) Save as provided for in subregulations (5) and (6), each representation in the form of a drawing or a photograph of the design shall be executed upon or mounted on paper of A4 size. When more than one figure is shown, these shall as far as possible be on one and the same sheet, and the elevation of each shall be designated on the sheet (e.g. front view, side view).
(2) The minimum margins for sheets containing drawings or photographs shall be the same as those set out in regulation 10 (4), except that below the top margin there shall be a space clear of any drawing matter for the name of the applicant, the application number and the numbering of the sheets, and at the bottom righthand corner there shall be a space within the margin clear of any drawing matter for the signature of the applicant or his agent.
(3) Drawings shall be executed without colouring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit of satisfactory reproduction. All reference symbols appearing in or on the drawings shall be simple and clear.
(4) Where words, letters, or numerals are not part of the design or do not serve as reference symbols as envisaged in regulation 15, they shall be disclaimed or be removed from the representations.
(5) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, the representations may exceed A4 size, and shall be of such dimensions that the features of the integrated circuit topography, mask work or series of mask works are clearly visible to the naked eye.
(6) In the case of an application for the registration of a design for an integrated circuit topography, a mask work or a series of mask works, drawings not in A4 size shall be folded A4 size.
20.-
(1) Where representations of the design in the form of drawings or photographs are furnished, they shall be signed by the applicant or his agent.
(2) Where representations in the form of drawings or photographs are supplied, the registrar shall be supplied also, if in any case he so requires, with a specimen or another recorded version of the design.
21.-
(1) Each representation of a design which consists of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width to disclose adequately the design, and such representation shall be a size not less than A5.
(2) In a case where the repeating surface pattern is to be applied to a two-dimensional article, the representation may be in the form of a specimen.
22.-
(1) Where the name or representation of a living person appears in a design, the registrar shall, if he so requires, be furnished with a consent from such person before proceeding to register the design.
(2) Where the name or representation of a deceased person appears in a design, the registrar shall, if he so requires, be furnished with a consent from the legal representative or next of kin of such person before proceeding with the registration of the design.
Late lodging of documents
Requests and applications to the registrar
24. 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.
Procedure on receipt of application
25. 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 D1 with the official application number and filing date entered thereon.
26. An application for the registration of a design shall be examined by the registrar to ensure that the documents lodged are legible and capable of reproduction and comply with prescribed formal requirements, and that the design is classified, and if in his opinion there is no objection to the registration of the design, he shall register it.
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.
Registration and notice of registration
30. 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.
Publication of registration
31. When notice of the registration of an application has been given by the registrar, the applicant shall advertise the registration by publishing the publication particulars as contained in Form D8 in the journal within three months of such registration, or within such further time as the registrar may, on request on Form D4 allow.
Non-finalisation
32.-
(1) Where an application for the registration of a design has not been finalised by reason of default on the part of the applicant within 12 months from the date of the application or from the date of a statement of objection as envisaged in regulation 27, whichever is the later, the registrar shall give notice to the applicant or his agent, in writing, of such non-finalisation.
(2) If after one month from the date on which such notice was sent, the application has not been finalised, the application shall be deemed to have been withdrawn, but the registrar may, on good cause shown, grant an extension of time for the finalisation of such application.
Death of applicant or owner
33. 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.
Renewal
34.-
(1) If-
(a) in the case of a design registered under the repealed Act, it is desired at the expiration of the last year of a first or second period of five years for which the design registration endured in terms of section 14 of that Act; or
(b) in the case of a design registered under the Act, it is desired at the expiration of the third year from the date referred to in section 22 (1) of the Act; or
(c) in either of the above cases, it is desired at the expiration of any succeeding year during the term of the design registration,
to keep the registration in force, the renewal fees set out in the appropriate item of Schedule 1 shall be paid by lodging Form D10, in duplicate, before the expiration of that year.
(2) All or any of the renewal fees may be paid in advance.
(3) An application for extension of time for payment of any renewal fee shall be made on Form D10.
(4) On receipt of Form D10, and provided the terms of this regulation are complied with, the registrar shall make an entry in the register to signify that the renewal has been effected, and shall furnish the applicant with a confirmation that the renewal has been effected by returning to the applicant the copy of the Form D10 after the official stamp of the registrar has been applied thereto.
Restoration
35.-
(1) An application under section 23 of the Act for the restoration of a design registration which has lapsed through non-payment of renewal fees shall be made on Form D18 and shall be accompanied by an affidavit setting out the circumstances under which the design registration lapsed and the grounds on which restoration is requested.
(2) If the registrar is satisfied that a prima facie case has been made out, he shall advertise the application once in the journal.
(3) At any time within two months of the date of the advertisement of the application any person (hereinafter referred to as "the objector") may oppose the restoration of the design registration, in accordance with the procedure set out in regulation 36.
(4) If no opposition is entered, or if the registrar at the conclusion of the hearing is satisfied that restoration is appropriate, he shall issue an order that the registration be restored, and the registrar shall, subject to compliance with section 23 (5) of the Act, cause an entry to be made in the register to that effect.
Procedure on opposition
36.-
(1)
(a) An opposition by any person (hereinafter referred to as "the opponent") in any matter in which opposition is allowed under the Act shall be brought by way of notice of opposition on Form D11 or in a form as nearly as possible in accordance with Form D11, and shall be supported by an affidavit as to the facts upon which the opponent relies for relief.
(b) A copy of such notice, and all annexures to it, shall be served upon every interested party.
(c) In such notice the opponent shall appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of all documents in the proceedings, and shall set forth a day, being not less than one month after service of the notice on an interested party, on or before which such interested party shall be required to notify the opponent and the registrar, in writing, whether he intends to contest such opposition. The notice shall further state that if no such notification by an interested party is given, the matter shall be set down for hearing on a stated date, being not less than 10 days after expiry of the one-month period referred to above.
(d) If an interested party does not, on or before the day mentioned for that purpose in the notice, notify the opponent and the registrar of his intention to contest the opposition, the opponent may set the matter on the roll for hearing by giving the registrar notice of set down before noon on the court day but one preceding the day upon which the matter is to be heard.
(e) Any interested party intending to contest the granting of an order sought (hereinafter referred to as "the respondent") shall-
(i) within the time stated in the said notice, notify the opponent and the registrar in writing that he intends to contest the opposition;
(ii) appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of all documents;
(iii) within two months of notifying the opponent of his intention to contest the opposition, deliver his answering affidavit and supporting documents, if any; and
(iv) if he intends to raise any question of law only, deliver notice of his intention to do so, within the time stated in subparagraph (iii), setting forth such question.
(f) Within one month of the service upon him of the answering affidavit and documents referred to in paragraph (e) (iii), the opponent may deliver a replying affidavit. The registrar may in his discretion permit the filing of further affidavits.
(g) Where no answering affidavit or notice in terms of paragraph (e) (iv) is delivered within the period referred to in paragraph (e) (iii), the opponent may within 10 court days of the expiry of the said period apply to the registrar to allocate a date for the hearing of the matter.
(h) Where an answering affidavit is delivered, the opponent may apply for such allocation within 10 court days of the delivery of his replying affidavit or, if no replying affidavit is delivered, within 10 court days of the expiry of the period referred to in paragraph (f).
(i) Where a notice in terms of paragraph (e) (iv) is delivered, the opponent may apply for the allocation of a date for the hearing within 10 court days after delivery of such notice.
(j) If the opponent fails to apply to the registrar to allocate a date within the appropriate period, the respondent may do so immediately upon the expiry of such period. Notice of set down in writing of the date allocated by the registrar shall be given forthwith by the opponent or respondent, as the case may be, to the opposite party.
(k) Where an opposition cannot properly be decided on affidavit, the registrar may refer the matter to the Supreme Court or make such order as to him seems meet with a view to ensuring a just and expeditious decision.
(l) In the case of an application to strike out, which shall be brought by way of notice, the registrar may order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client. The registrar shall not grant an order unless he is satisfied that the applicant will be prejudiced in his case should it not be granted.
(2)
(a) Notwithstanding the foregoing, an interlocutory or other application incidental to pending proceedings or a pending application, including an application for an extension of time and condonation, may be brought on notice supported by such affidavits as the case may require and may be set down at a time assigned by the registrar.
(b) If the applicant in such an application wishes to rely on particular facts not apparent from the official record, an affidavit must be filed at the office at least ten court days before the hearing. In the event that the applicant does not file an affidavit, it shall be presumed that he intends to rely on those facts which are properly before the registrar. At any time within the period allowed for the filling of such an affidavit by the applicant, he may give written notification to the other party and to the registrar that he intends to rely on the facts which are properly before the registrar.
(c) After the applicant has filed his affidavit, the other party may file an answering affidavit at least seven court days before the hearing. In the event that the applicant does not file an affidavit in support of his application, the other party may file an affidavit at least seven court days before the hearing, setting out such facts as he may consider relevant.
(d) At least four court days before the hearing, the applicant may file an affidavit replying to any facts set out in the answering affidavit.
(e) A copy of any affidavit filed with the registrar in accordance with the foregoing shall be delivered to the other party to the proceedings at its appointed address for service.
(f) A notice of setdown shall be served upon every party to whom such notice is to be given at least ten court days prior to the hearing.
(g) Failure to comply with these provisions shall result in the matter being struck off the roll, and an appropriate award of costs shall be made by the registrar.
(3)
(a) In any opposed proceedings before the registrar in terms of this regulation which result in a hearing before the registrar, both parties to the matter shall file heads of argument at the office of the registrar not later than two court days before the date which has been set down for the hearing.
(b) Such heads of arguments shall consist of a concise and succinct statement of the main points (without elaboration) intended to be argued. A list of authorities relied upon in support of each point shall also be supplied.
Title to and interest in design applications and registrations
37.-
(1) An application for the recording of an assignment shall be made in duplicate on Form D7, accompanied by proof of title of such assignment.
(2) Any such application shall be made within six months of the event entitling the applicant to request a recording: Provided that the registrar may extend this time limit if so requested on Form D4, and on payment of the appropriate fee prescribed in Schedule 1.
38.-
(1) A Warrant or writ of execution or an attachment order in respect of a design application or registration shall be served on the applicant or the registered proprietor, as the case may be, and a copy of such writ or order, together with proof of service, shall be lodged with the registrar on Form D7 for recording in the register.
(2) An entry of any attachment may be removed from the register on request being made to the registrar on Form D4.
39.-
(1) An application for the recording of a licence against a design application or registration shall be made on Form D7 within six months of the event entitling the recording of such licence: Provided that the registrar may extend this time limit on application on Form D4 and on payment of the appropriate fee prescribed in Schedule 1.
(2) The recording of a licence may be cancelled on request being made to the registrar on Form D4 accompanied by proof, to the satisfaction of the registrar, that the licence has been cancelled or otherwise terminated.
40.-
(1) The hypothecation of a design application or registration shall be recorded in the register on application on Form D7 accompanied by the deed of hypothecation.
(2) The application for recording shall be served also on the applicant or the registered proprietor, as the case may be, and on any other person recorded in the register as having an interest in the design application or registration, and proof of service shall be furnished to the satisfaction of the registrar.
(3) The recording of the hypothecation may be removed from the register on application to the registrar on Form D4, accompanied by such proof of the termination of the hypothecation as the registrar may require.
Alteration, correction and rectification, and amendment
41.-
(1) An applicant for or a registered proprietor of a design registration who changes his address or changes his name may apply to the registrar on Form D4 for the change to be recorded, and the registrar shall alter the register accordingly.
(2) An applicant for or a registered proprietor of a design registration who changes his address for service shall apply to the registrar on form D4 in terms of regulation 5 (5) for the change to be recorded, and the registrar shall change the register accordingly.
(3) An application for the correction of any clerical error or error in translation in terms of section 26 of the Act shall be made on Form D12 and shall be accompanied by a copy/copies of the relevant document(s) showing the desired correction, and a clean copy/copies of the document(s) in corrected form.
(4) An application to amend a design application or a design registration in terms of section 27 of the Act shall be made on Form D12 and shall be accompanied by a copy/copies of the relevant document(s) showing the desired amendment, and a clean copy/copies of the document(s) in amended form.
(5) If, in the case of an application on Form D12, the registrar is satisfied that a correction in terms of section 26 of the Act is required to be published in terms of section 26 (4), or an amendment in terms of section 27 is in compliance with the Act, he shall direct the applicant for or the registered proprietor of the design registration to advertise the correction or the amendment, as the case may be, once in the journal.
(6) In the case where the design application to be corrected or amended is not yet open for public inspection, the particulars to be published shall be those set out in Part I of Form D12. An application for correction or amendment so published may not be inspected and may not be opposed.
(7) In the case where the design registration to be corrected or amended is open for public inspection, the particulars to be published shall be those set out in Parts I and II of Form D12. An application for correction or amendment so published may be inspected and may be opposed within two months of the date of such publication, in accordance with regulation 36.
(8) In the case of a correction or amendment as envisaged in subregulation (6), the registrar shall cause an entry to be made in the register to the effect that the correction or amendment is allowed.
(9) If in the case of a correction or amendment as envisaged in subregulation (7) no opposition is entered, or if the registrar at the conclusion of the hearing determines that the correction or amendment ought to be allowed, the registrar shall cause an entry to be made in the register to that effect.
Voluntary surrender
42.-
(1) A notice by a registered proprietor of a design registration in terms of section 34 of the Act for the surrender of the design shall be lodged on Form D13.
(2) On receipt of a notification to surrender a design, an interested party may lodge an objection to the surrender, in accordance with regulation 36.
(3) If no opposition is entered, or if the registrar at the conclusion of the hearing concludes that the design ought to be surrendered, the registrar shall cause an entry to be made in the register to that effect.
Application for revocation
43.-
(1) An application for revocation in terms of section 31 of the Act shall be brought by way of notice of revocation on Form D14 or in a form as nearly as possible in accordance with Form D14, and shall set out the ground or grounds on which the revocation is based, and shall be supported by an affidavit as to the facts upon which the applicant relies for relief.
(2) The notice, and all annexures to it, shall be duly lodged at the court, and a copy of such notice, and all annexures to it, shall be lodged with the registrar 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.
Application for compulsory licence
45. 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.
Discretionary power
46.-
(1) Before any discretionary power given to the registrar by the Act or these regulations is exercised to the detriment of any person, the registrar shall give the person who will be affected by the exercise of such power an opportunity to be heard.
(2) Any application for a hearing shall be made within one month from the date on which the registrar gives such person the opportunity to be heard.
(3) Upon receiving such application, the registrar shall give the applicant one month's notice of the time when the applicant or his agent may be heard.
(4) Within 14 days from the date on which such notice would normally be delivered by post, the person applying shall notify the registrar whether or not he intends to be heard in regard to the matter.
(5) The decision of the registrar in the exercise of any such discretionary power shall be conveyed, in writing, to the person affected.
Extension of time
47. Whenever any period is specified within any act is to be performed the registrar may, save where expressly provided otherwise, extend such period either before or after its expiry.
Certificates
48. 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.
Inspection
Repeal of regulations
50. Government Notice No. R. 360, dated 29 December 1967, and Government Notice No. R. 2520, dated 31 December 1993, are hereby repealed.
Commencement
51. These regulations shall be called the Designs Regulations, 1995, and shall come into operation on 1 May 1995.
SCHEDULE No. 1
FEES
|
Item
No. |
Description |
Form
concerned
D No. |
Amount
R |
|
1. |
Application for registration of a design-for each application |
1 |
100 |
|
2. |
Application to registrar for statement of grounds for decision in terms of regulation 28 |
17 |
200 |
|
3. |
Late lodging of documents in terms of regulation 23 |
5 |
40 |
|
4. |
To the registrar: | | |
| |
(a) Request to inspect the register and documents in terms of sections 8, 9 and 22 regulation 49 |
16 |
3 |
| |
Plus copies supplied of documents or particulars of register in terms of sections 9 and 40, per page |
15 |
1 |
| |
(b) Application to claim priority in terms of section 44, regulation 17 |
4 |
40 |
| |
(c) Application for revocation of a registered design in terms of section 31, regulations 43 and 44 |
14 |
75 |
| |
(d) Application to rectify register in terms of section 28, regulation 41 (10) |
4 |
75 |
| |
(e) Application for recording of change of address for service in terms of section 51 (2), regulation 41 (2) |
4 |
15 |
| |
(f) Application to remove recording of hypothecation in terms of regulation 40 (3) |
4 |
40 |
| |
(g) Request for classification in terms of section 15, regulation 9 |
9 |
200 |
| |
(h) Application for restoration of registration in terms of section 23 (1), regulation 35 (1) |
18 |
235 |
| |
(i) Any other request not provided for |
4 |
55 |
| |
(j) Application for copy or original design registration certificate |
4 |
30 |
|
5. |
Application for the extension of the period for payment of renewal fees in terms of section 22, regulation 34 |
10 |
75 |
| |
Thereafter, for each month or part thereof (not exceeding five months) |
10 |
40 |
|
6. |
Renewal fees in terms of section 22 (1), regulation 34: | | |
| |
(i) Before expiration of the third year |
10 |
50 |
| |
(ii) Before expiration of the fourth year |
10 |
50 |
| |
(iii) Before expiration of the fifth year |
10 |
50 |
| |
(iv) Before expiration of the sixth year |
10 |
70 |
| |
(v) Before expiration of the seventh year |
10 |
70 |
| |
(vi) Before expiration of the eighth year |
10 |
82 |
| |
(vii) Before expiration of the ninth year |
10 |
82 |
| |
(viii) Before expiration of the tenth year |
10 |
100 |
| |
(ix) Before expiration of the eleventh year |
10 |
100 |
| |
(x) Before expiration of the twelfth year |
10 |
120 |
| |
(xi) Before expiration of the thirteenth year |
10 |
120 |
| |
(xii) Before expiration of the fourteenth year |
10 |
135 |
|
7. |
Application for the correction of clerical errors and amendment of documents in terms of sections 26 and 27, regulation 41 |
12 |
75 |
|
8. |
Application to record a transaction effecting the rights in a design application or registered design in terms of sections 29 and 30: | | |
| |
(a) For the first application |
7 |
58 |
| |
(b) For each subsequent application |
7 |
22 |
|
9. |
Application for the voluntary surrender of a registered design in terms of section 34, regulation 42 |
13 |
38 |
|
10. |
Certification of reprographic extracts from register or documents in terms of sections 9 and 40, regulation 48 |
15 |
20 |
SCHEDULE 2
FORMS
SCHEDULE N° 3
CLASSIFICATION OF GOODS
Class 1. Foodstuffs
1-01 Bakers' products, biscuits, pastry, macaroni, and other cereal products, chocolates, confectionery, ices.
1-02 Fruit and vegetables.
1-03 Cheeses, butter and butter substitutes, other dairy products.
1-04 Butchers' meat, fish.
1-05 Vacant.
1-06 Animal foodstuffs.
1-99 Miscellaneous.
Class 2. Articles of clothing and haberdashery
2-01 Undergarments, lingerie, corsets, brassieres, nightwear.
2-02 Garments.
2-03 Headwear.
2-04 Footwear, socks and stockings.
2-05 Neckties, scarves, neckerchiefs and handkerchiefs.
2-06 Gloves.
2-07 Haberdashery and clothing accessories.
2-99 Miscellaneous.
Class 3. Travel goods, cases, parasols and personal belongings, not elsewhere specified
3-01 Trunks, suitcases, briefcases, handbags, keyholders, cases specially designed for their contents, wallets and similar articles.
3-02 Vacant.
3-03 Umbrellas, parasols, sunshades and walking-sticks.
3-04 Fans.
3-99 Miscellaneous.
Class 4. Brushware
4-01 Brushes and brooms for cleaning.
4-02 Toilet brushes, clothes brushes and shoe brushes.
4-03 Brushes for machines.
4-04 Paintbrushes, brushes for use in cooking.
4-99 Miscellaneous.
Class 5. Textile piecegood articles, artificial and natural sheet material
5-01 Spun articles.
5-02 Lace.
5-03 Embroidery.
5-04 Ribbons, braids and other decorative trimmings.
5-05 Textile fabrics.
5-06 Artificial or natural sheet material.
5-99 Miscellaneous.
Class 6. Furnishing
6-01 Beds and seats.
6-02 Vacant.
6-03 Tables and similar furniture.
6-04 Storage furniture.
6-05 Composite furniture.
6-06 Other furniture and furniture parts.
6-07 Mirrors and frames.
6-08 Clothes hangers.
6-09 Mattresses and cushions.
6-10 Curtains and blinds.
6-11 Carpets, mats and rugs.
6-12 Tapestries.
6-13 Blankets and other covering materials, household linen and napery.
6-99 Miscellaneous.
Class 7. Household goods, not elsewhere specified
7-01 China glassware, dishes and other articles of a similar nature.
7-02 Cooking appliances, utensils and containers.
7-03 Table knives, forks and spoons.
7-04 Hand-manipulated utensils, instruments and appliances for serving or preparing food or drink.
7-05 Flat irons and laundering, cleaning and drying equipment.
7-06 Other table utensils.
7-07 Other household receptacles.
7-08 Fireplace articles.
7-99 Miscellaneous.
Class 8. Tools and hardware
8-01 Tools and implements for drilling, milling or digging.
8-02 Hammers and other similar tools and implements.
8-03 Cutting tools and implements.
8-04 Screwdrivers and other similar tools and implements.
8-05 Other tools and implements.
8-06 Handles, knobs and hinges.
8-07 Locking or latching devices.
8-08 Fastening, supporting or mounting devices not included in other classes.
8-09 Metal fittings and mountings for doors, windows and furniture and similar articles.
8-10 Bicycle racks.
8-99 Miscellaneous.
Class 9. Packages and containers for the transport or handling of goods
9-01 Bottles, flasks, pots, carboys, demijohns, and containers with dynamic dispensing means.
9-02 Storage cans, drums and casks.
9-03 Boxes, cases, containers, and (preserve) tins.
9-04 Hampers, crates and baskets.
9-05 Bags, sachets, tubes and capsules.
9-06 Ropes and hooping materials.
9-07 Closing means and attachments.
9-08 Pallets and platforms for forklifts.
9-09 Refuse and trash containers and stands therefor.
9-99 Miscellaneous.
Class 10. Clocks and watches and other measuring instruments, checking and signalling instruments
10-01 Clocks and alarm clocks.
10-02 Watches and wrist watches.
10-03 Other time-measuring instruments.
10-04 Other measuring instruments, apparatus and devices.
10-05 Instruments, apparatus and devices for checking, security or testing.
10-06 Signalling apparatus and devices.
10-07 Casings, dials, hands and all other parts and accessories of instruments for measuring, checking and signalling.
10-99 Miscellaneous.
Class 11. Articles of adornment
11-01 Jewellery.
11-02 Trinkets, table, mantel and wall ornaments, flower vases and pots.
11-03 Medals and badges.
11-04 Artificial flowers, fruit and plants.
11-05 Flags, and festive decorations.
11-99 Miscellaneous.
Class 12. Means of transport or hoisting
12-01 Vehicles drawn by animals.
12-02 Handcarts, and wheelbarrows.
12-03 Locomotives and rolling stock for railways and all other rail vehicles.
12-04 Telpher carriers, chair lifts and ski lifts.
12-05 Elevators and hoists for loading or conveying.
12-06 Ships and boats.
12-07 Aircraft and space vehicles.
12-08 Motor cars, buses and lorries.
12-09 Tractors.
12-10 Trailers.
12-11 Cycles and motorcycles.
12-12 Perambulators, invalid chairs, and stretchers.
12-13 Special-purpose vehicles.
12-14 Other vehicles.
12-15 Tyres and anti-skid chains for vehicles.
12-16 Parts, equipment and accessories for vehicles, not included in other classes or subclasses.
12-99 Miscellaneous.
Class 13. Equipment for production, distribution or transformation of electricity
13-01 Generators and motors.
13-02 Power transformers, rectifiers, batteries and accumulators.
13-03 Equipment for distribution or control of electric power.
13-04 Integrated circuits, mask works and series of mask works.
13-99 Miscellaneous.
Class 14. Recording, communication or information retrieval equipment
14-01 Equipment for the recording or reproduction of sounds or pictures.
14-02 Data processing equipment.
14-03 Communications equipment, wireless remote controls and radio amplifiers.
14-99 Miscellaneous.
Class 15. Machines, not elsewhere specified
15-01 Engines.
15-02 Pumps and compressors.
15-03 Agricultural machinery.
15-04 Construction machinery.
15-05 Laundry, cleaning and drying machines.
15-06 Textile, sewing, knitting and embroidering machines.
15-07 Refrigerating machinery and apparatus.
15-08 Vacant.
15-09 Machine tools, abrading and founding machinery.
15-99 Miscellaneous.
Class 16. Photographic, cinematographic and optical apparatus
16-01 Photographic cameras and film cameras.
16-02 Projectors and viewers.
16-03 Photocopying apparatus and enlargers.
16-04 Developing apparatus and equipment.
16-05 Accessories.
16-06 Optical articles.
16-99 Miscellaneous.
Class 17. Musical instruments
17-01 Keyboard instruments.
17-02 Wind instruments.
17-03 Stringed instruments.
17-04 Percussion instruments.
17-05 Mechanical instruments.
17-99 Miscellaneous.
Class 18. Printing and office machinery
18-01 Typewriters and calculating machines not elsewhere specified.
18-02 Printing machines.
18-03 Characters and type faces.
18-04 Bookbinding machines, printers' stapling machines, guillotines and trimmers (for bookbinding).
18-99 Miscellaneous.
Class 19. Stationery and office equipment, artists' and teaching materials
19-01 Writing paper, cards for correspondence and announcements.
19-02 Office equipment.
19-03 Calendars.
19-04 Books and other objects of similar outer appearance.
19-05 Vacant.
19-06 Materials and instruments for writing by hand, for drawing, for painting, for sculpture, for engraving and for other artistic techniques.
19-07 Teaching materials.
19-08 Other printed matter.
19-99 Miscellaneous.
Class 20. Sales and advertising equipment, signs
20-01 Automatic vending machines.
20-02 Display and sales equipment.
20-03 Signs, signboards and advertising equipment.
20-99 Miscellaneous.
Class 21. Games, toys, tents and sports goods
21-01 Games and toys.
21-02 Gymnastics and sports apparatus and equipment.
21-03 Other amusement and entertainment articles.
21-04 Tents and accessories thereof.
21-99 Miscellaneous.
Class 22. Arms, pyrotechnic articles, articles for hunting, fishing and pest killing
22-01 Projectile weapons.
22-02 Other weapons.
22-03 Ammunition, rockets and pyrotechnic articles.
22-04 Targets and accessories.
22-05 Hunting and fishing equipment.
22-06 Traps, and articles for pest destruction.
22-99 Miscellaneous.
Class 23. Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel
23-01 Fluid distribution equipment.
23-02 Sanitary appliances.
23-03 Heating equipment.
23-04 Ventilation and air-conditioning equipment.
23-05 Solid fuel.
23-99 Miscellaneous.
Class 24. Medical and laboratory equipment
24-01 Fixed apparatus and equipment for doctors, hospitals and laboratories.
24-02 Medical instruments, instruments and tools for laboratory use.
24-03 Prosthetic articles.
24-04 Material for dressing, nursing and medical care.
24-99 Miscellaneous.
Class 25. Building units and construction elements
25-01 Building materials.
25-02 Prefabricated or pre-assembled building parts.
25-03 Houses, garages and other buildings.
25-04 Steps, ladders and scaffolds.
25-99 Miscellaneous.
Class 26. Lighting apparatus
26-01 Candlesticks and candelabra.
26-02 Torches and hand lamps and lanterns.
26-03 Public lighting fixtures.
26-04 Luminous sources, electrical or not.
26-05 Lamps, standard lamps, chandeliers, wall and ceiling fixtures, lampshades, reflectors, photographic and cinematographic projector lamps.
26-06 Luminous devices for vehicles.
26-99 Miscellaneous.
Class 27. Tobacco and smokers' supplies
27-01 Tobacco, cigars and cigarettes.
27-02 Pipes, and cigar and cigarette holders.
27-03 Ashtrays.
27-04 Matches.
27-05 Lighters.
27-06 Cigar cases, cigarette cases, tobacco jars and pouches.
27-99 Miscellaneous.
Class 28. Pharmaceutical and cosmetic products, toilet articles and apparatus
28-01 Pharmaceutical products.
28-02 Cosmetic products.
28-03 Toilet articles and beauty parlour equipment.
28-04 Wigs, and false hairpieces.
28-99 Miscellaneous.
Class 29. Devices and equipment against fire hazards, for accident prevention and for rescue
29-01 Devices and equipment against fire hazards.
29-02 Devices and equipment for accident prevention and for rescue, not elsewhere specified.
29-99 Miscellaneous.
Class 30. Articles for the care and handling of animals
30-01 Animal clothing.
30-02 Pens, cages, kennels and similar shelters.
30-03 Feeders and waterers.
30-04 Saddlery.
30-05 Whips and prods.
30-06 Beds and nests.
30-07 Perches and other cage attachments.
30-08 Markers, marks and shackles.
30-09 Hitching posts.
30-99 Miscellaneous.
Class 31. Machines and appliances for preparing food or drink, not elsewhere specified
Class 99. Miscellaneous