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Enforcement

SOUTH AFRICAN DESIGN

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A registered South African design prevents others from making, importing, advertising, marketing or selling a product (falling within the same class as your design registration) that looks "substantially similar" to your design drawings / photos.

Infringement proceedings are instituted in the South African High Court. The South African legal system is efficient, with English‐speaking judges. Court dates are generally set down a year in advance, and typically take one court day at a ballpark litigation cost of US$30,000.

Infringement relief includes:

  • Interdict against continuing infringement
  • Delivery‐up of infringing goods for destruction
  • Damages (based on a reasonable royalty)
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