SA Design Law & Practice Questions - SAIIPL Trade Mark Practitioners' Examination - SA Design Law And Practice (South Africa) Exam

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Under Section 1(1) of the South African Designs Act 195 of 1993, what key statutory requirement distinguishes an aesthetic design from a functional design?

An aesthetic design has features that appeal to and are judged solely by the eye, whereas a functional design has features necessitated by the function the article performs. An aesthetic design must be registered for 20 years, whereas a functional design is registered for 15 years. An aesthetic design applies only to handcrafted articles, whereas a functional design applies only to mass-manufactured articles. An aesthetic design requires substantive examination by CIPC, whereas a functional design undergoes formal examination only.

Correct Answer:

An aesthetic design has features that appeal to and are judged solely by the eye, whereas a functional design has features necessitated by the function the article performs.

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