South African design law has several unique aspects that require careful consideration to ensure adequate protection in each case.

There is currently no substantive examination of design applications in South Africa. As a result, the design proprietor has to rely on the filing attorney’s advice to prevent the invalidity or unenforceability of the design registration.

Key aspects of South African design law that require particular attention (and that are frequently applied incorrectly) include the distinction between “aesthetic” and “functional” designs, the exclusion of design protection for “spare parts,” and the protection of multiple articles as a “set of articles.”