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

Question 1

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.

Question 2

According to Section 14(1)(a) of the Designs Act 195 of 1993, what is the statutory standard of novelty required for an aesthetic design to be validly registered?

It must be new and original. It must be new and not commonplace in the art. It must involve an inventive step. It must be non-obvious to a person skilled in the art.

Correct Answer:

It must be new and original.

Question 3

What is the statutory duration of protection for a registered functional design in South Africa under Section 22(1)(b) of the Designs Act 195 of 1993?

10 years from the date of application or the release date, whichever is earlier. 15 years from the date of grant. 20 years from the date of application. 5 years renewable indefinitely.

Correct Answer:

10 years from the date of application or the release date, whichever is earlier.

Question 4

Under Section 1(1) and Section 14(1) of the Designs Act 195 of 1993, what is the 'release date' of a design?

The date on which the design was first made available to the public with the consent of the proprietor. The date on which the application is officially lodged at CIPC. The date on which the design registration certificate is issued by the Registrar. The date of publication of the design registration in the Patent Journal.

Correct Answer:

The date on which the design was first made available to the public with the consent of the proprietor.

Question 5

If a proprietor publicly discloses an aesthetic design in South Africa before filing an application, within what period must the application be filed to maintain novelty under Section 14(1)?

Within 6 months from the release date. Within 12 months from the release date. Within 3 months from the release date. No application can be filed once public disclosure has occurred.

Correct Answer:

Within 6 months from the release date.

Question 1

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Prepare with the SA Design Law & Practice Questions - SAIIPL Trade Mark Practitioners' Examination - SA Design Law and Practice (South Africa) Exam practice quiz. This question bank includes 100 questions covering designs, section, design, registered, and south. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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

This practice set contains 100 questions from the matching question bank and focuses on designs, section, design, registered, and south. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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

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