(2)
A design shall be deemed to be new if it is different from or if it does
not form part of the state of the art immediately before the date of
application for registration thereof or the release date thereof,
whichever is the earlier: Provided that in the case of the release date
thereof being the earlier, the design shall not be deemed to be new if
an application for the registration of such design has not been
lodged—
(a)
in the case of an integrated circuit topography, a mask work or
a series of mask works, within two years; or
(b)
in the case of any other design, within six months,
of such release date.
[Sub-s. (2) amended by s. 70 (a) of Act No. 38 of 1997.]
(3)
The state of the art shall comprise—
(a)
all matter which has been made available to the public
(whether in the Republic or elsewhere) by written description,
by use or in any other way; and
(b)
all matter contained in an application—
(i)
for the registration of a design in the Republic; or
(ii)
in a convention country for the registration of a design
which has subsequently been registered in the
Republic in accordance with the provisions of section
44,
of which the date of application in the Republic or convention country,
as the case may be, is earlier than the date of application or the
release date contemplated in subsection (2).
[Para. (b) substituted by s. 70 (b) of Act No. 38 of 1997.]
(4)
Designs for articles which are not intended to be multiplied by an
industrial process shall not be registrab
le under this Act.
(4)
No—
(a)
feature of an article in so far as it is necessitated solely by the
function which the article is intended to perform; or
(b)
method or principle of construction,
shall afford the registered proprietor of an aesthetic design any rights
n terms of this Act in respect of such feature, method or principle.
(6)
In the case of an article which is in the nature of a spare part for a
machine, vehicle or equipment, no feature of pattern, shape or
configuration of such article shall afford the registered proprietor of a
functional design applied to any one of the articles in question, any
rights in terms of this Act in respect of such features.
(7)
In the absence of an agreement to the contrary, joint proprietors may
apply for the registration of a design in equal undivided shares.