100+ Free PEB SA Design Law & Practice Practice Questions

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Sample PEB SA Design Law & Practice Practice Questions

Try these sample questions to test your PEB SA Design Law & Practice exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Section 1 of the South African Designs Act 195 of 1993, what is the maximum statutory period of protection for a registered aesthetic design from its registration date or release date?

A.10 years

B.15 years

C.20 years

D.25 years

Explanation: Under Section 22(1)(a) of the Designs Act 195 of 1993, the duration of registration of an aesthetic design is 15 years from the date of registration or the release date, whichever is earlier. This period is subject to the payment of prescribed annual renewal fees starting before the expiration of the third year.

2What is the statutory duration of protection for a registered functional design under Section 22(1)(b) of the Designs Act 195 of 1993?

A.5 years

B.10 years

C.15 years

D.20 years

Explanation: Section 22(1)(b) of the Designs Act 195 of 1993 specifies that the duration of registration of a functional design is 10 years from the date of registration or the release date, whichever is earlier, subject to annual renewal fee payments.

3How does Section 1 of the Designs Act 195 of 1993 define an 'aesthetic design'?

A.A design having features necessitated solely by the function which the article is to perform

B.A design having features of shape, configuration, pattern or ornamentation applied to an article, having features which appeal to and are judged solely by the eye

C.Any technological invention embodied in a physical product that improves mechanical efficiency

D.A design consisting of an integrated circuit topography layout intended for microchip assembly

Explanation: Section 1 of the Designs Act 195 of 1993 defines an aesthetic design as any design applied to any article, whether for the pattern, shape, configuration, or ornamentation thereof, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof.

4Which of the following is specifically EXCLUDED from protection as a functional design under Section 14(14) of the Designs Act 195 of 1993?

A.A aesthetic carpet pattern

B.A spare part for a machine, vehicle or equipment

C.An integrated circuit topography

D.A hand tool handle configuration

Explanation: Section 14(14) of the Designs Act 195 of 1993 explicitly provides that no feature of pattern, shape, or configuration of a spare part for a machine, vehicle, or equipment shall afford the registered proprietor any rights under the Act as a functional design. This prevents monopolies over essential repair parts.

5How is a 'functional design' defined under Section 1 of the Designs Act 195 of 1993?

A.Any design applied to an article having features which appeal to and are judged solely by the eye

B.Any design applied to an article, having features of shape or configuration necessitated by the function which the article is to perform

C.Any trade mark used to distinguish functional goods in the course of trade

D.Any secret technical process used in manufacturing industrial articles

Explanation: Section 1 defines a functional design as any design applied to any article, whether for the pattern, shape, or configuration thereof, having features which are necessitated by the function which the article to which the design is applied is to perform, and includes an integrated circuit topography.

6Under Section 1 of the Designs Act 195 of 1993, what does the term 'article' mean?

A.Only industrial machinery and automotive components

B.Any article of manufacture and includes any part of such article if made separately

C.Only hand-made artistic craft items

D.Any intangible software program or algorithm

Explanation: Section 1 of the Designs Act 195 of 1993 defines an 'article' as any article of manufacture and includes any part of such article if made separately. This ensures that component parts sold or manufactured separately can qualify for design protection.

7What threshold requirement must a functional design satisfy to be registrable under Section 14(1)(b) of the Designs Act 195 of 1993?

A.It must be new and original

B.It must be new and not commonplace in the art in question

C.It must involve an inventive step of an technical nature

D.It must possess artistic merit as certified by a panel of experts

Explanation: Under Section 14(1)(b) of the Designs Act 195 of 1993, a functional design is registrable if it is new and is not commonplace in the art in question. In contrast, an aesthetic design under Section 14(1)(a) must be new and original.

8What threshold requirement must an aesthetic design satisfy to be registrable under Section 14(1)(a) of the Designs Act 195 of 1993?

A.It must be new and not commonplace in the art

B.It must be new and original

C.It must be non-obvious to a person skilled in the art

D.It must have been registered first in a Paris Convention country

Explanation: Section 14(1)(a) of the Designs Act 195 of 1993 provides that a design may be registered as an aesthetic design if it is new and original. 'Original' means originating from the author and not copied from prior sources.

9How does the Designs Act 195 of 1993 classify an 'integrated circuit topography'?

A.As an aesthetic design subject to a 15-year registration term

B.As a functional design included in the statutory definition under Section 1

C.As a copyright work protected exclusively under the Copyright Act 98 of 1978

D.As an unregistrable trade secret

Explanation: Section 1 of the Designs Act 195 of 1993 explicitly includes an integrated circuit topography within the definition of a functional design. It defines it as a functional design consisting of the three-dimensional disposition of electrical elements and circuitry in an integrated circuit product.

10Can a single design application in South Africa be registered simultaneously in both the aesthetic and functional registers under the Designs Act 195 of 1993?

A.Yes, automatically upon paying a single application fee

B.No, separate applications must be filed for registration in the aesthetic design part and the functional design part

C.No, a design must choose to be either 100% aesthetic or 100% functional and cannot exist in both parts even with dual applications

D.Yes, provided the CIPC Registrar grants a joint dual-certificate exemption

Explanation: Under the Designs Act 195 of 1993, the register is divided into two parts: Part A (aesthetic designs) and Part F (functional designs). If an article possesses both aesthetic appeal and functional features, the proprietor may file separate applications in each part to obtain dual protection.

About the PEB SA Design Law & Practice Exam

The PEB South African Design Law and Practice examination is a core Group 1 statutory module for candidate patent attorneys in South Africa. It examines knowledge of the Designs Act 195 of 1993, Design Regulations, classification of aesthetic vs functional designs, novelty, state of the art, 6-month release date grace period, Paris Convention priority, CIPC filing procedures, compulsory licences, hypothecation, infringement, revocation, and international treaty contexts. MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance.

Assessment

The official PEB examination is a 3-hour written essay and problem-solving paper set by the Patent Examination Board under Section 21 of the Patents Act 57 of 1978. This practice module adapts the official syllabus into 100 multiple-choice questions for revision.

Time Limit

3 hours (official written exam sitting)

Passing Score

50%

Exam Fee

Varies per annual PEB / CIPC fee schedule (Patent Examination Board (PEB) / dtic / CIPC)

PEB SA Design Law & Practice Exam Content Outline

20%

Statutory Definitions & Categories of Designs

Aesthetic vs functional design definitions, articles, integrated circuit topographies, spare parts exclusions, and non-registrable subject matter.

25%

Novelty, State of the Art & Priority

State of the art, absolute novelty, release date 6-month grace period under Section 14(2), Paris Convention priority claims, and disclosure rules.

15%

Application, Registration & Formalities

CIPC filing procedures, representations, Locarno classification, secret designs, post-grant amendments, and renewal terms.

15%

Proprietorship, Ownership & Commercial Transactions

Author vs proprietor status, employee designs, assignments, licensing, hypothecation, attachment, and compulsory licensing under Section 21.

15%

Infringement, Defences & Enforcement

Statutory rights under Section 20, visual infringement test, spare parts defence, groundless threats, interdicts, and damages.

10%

Revocation, Surrender & International Context

Section 31 revocation grounds, surrender, restoration of lapsed designs, and Paris Convention vs Hague Agreement framework.

How to Pass the PEB SA Design Law & Practice Exam

What You Need to Know

Passing score: 50%
Assessment: The official PEB examination is a 3-hour written essay and problem-solving paper set by the Patent Examination Board under Section 21 of the Patents Act 57 of 1978. This practice module adapts the official syllabus into 100 multiple-choice questions for revision.
Time limit: 3 hours (official written exam sitting)
Exam fee: Varies per annual PEB / CIPC fee schedule

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

PEB SA Design Law & Practice Study Tips from Top Performers

1Memorise key sections of the Designs Act 195 of 1993: Section 1 (Definitions), Section 14 (Novelty & Grace Period), Section 20 (Rights Conferred), Section 21 (Compulsory Licences), Section 22 (Duration), and Section 31 (Revocation Grounds).

2Understand the visual test for aesthetic design infringement vs the features test for functional design infringement.

3Pay special attention to statutory exclusions: spare parts for machines/vehicles under Section 14(14) cannot be protected as functional designs.

4Distinguish between Paris Convention priority timelines (6 months from foreign filing) and the release date grace period (6 months from public disclosure).

Frequently Asked Questions

What is the Patent Examination Board (PEB) SA Design Law and Practice exam?

It is a statutory examination set by the Patent Examination Board under Section 21 of the Patents Act 57 of 1978. Passing this Group 1 subject is a mandatory prerequisite for qualifying as a registered South African Patent Attorney.

What primary legislation is examined in this subject?

The primary statute examined is the South African Designs Act 195 of 1993 and its accompanying Design Regulations 1999, along with relevant IP case law and international treaties such as the Paris Convention.

What is the difference between an aesthetic design and a functional design under the Designs Act 195 of 1993?

An aesthetic design protects features of shape, configuration, pattern, or ornamentation applied to an article judged solely by the eye, lasting for 15 years. A functional design protects features necessitated by the function the article is to perform, lasting for 10 years.

How does the 6-month release date grace period work in South African design law?

Under Section 14(2) of the Designs Act 195 of 1993, if a design has been disclosed or released to the public with the proprietor's consent, the design's novelty is preserved provided a formal application for registration is filed within 6 months of that release date.

Is South Africa a party to the Hague Agreement on Industrial Designs?

No, South Africa is currently not a contracting party to the Hague Agreement. National design registration applications must be filed directly with the Companies and Intellectual Property Commission (CIPC), though Paris Convention priority (6 months) can be claimed.