100+ Free SA Design Law & Practice Practice Questions

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2026 Statistics

Key Facts: SA Design Law & Practice Exam

15 Years

Aesthetic Design Term

Designs Act 195 of 1993 s 22

10 Years

Functional Design Term

Designs Act 195 of 1993 s 22

6 Months

Release Date Grace Period

Designs Act 195 of 1993 s 14

Act 195 of 1993

Governing Statute

South African National Legislation

The SAIIPL SA Design Law and Practice exam tests candidates on the South African Designs Act 195 of 1993. Topics include aesthetic vs functional designs, novelty standards, release date grace period (6 months), CIPC application formalities, duration (15 yrs vs 10 yrs), infringement tests, revocation grounds, and copyright overlap. MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance.

Sample SA Design Law & Practice Practice Questions

Try these sample questions to test your 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(1) of the South African Designs Act 195 of 1993, what key statutory requirement distinguishes an aesthetic design from a functional design?

A.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.

B.An aesthetic design must be registered for 20 years, whereas a functional design is registered for 15 years.

C.An aesthetic design applies only to handcrafted articles, whereas a functional design applies only to mass-manufactured articles.

D.An aesthetic design requires substantive examination by CIPC, whereas a functional design undergoes formal examination only.

Explanation: Section 1(1) of the Designs Act 195 of 1993 defines an aesthetic design as any design applied to any article for features of shape, configuration, pattern, or ornamentation that appeal to and are judged solely by the eye. In contrast, a functional design is defined as any design applied to an article for features of shape or configuration necessitated by the function which the article is to perform. Both design types undergo formal examination only at CIPC.

2According 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?

A.It must be new and original.

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

C.It must involve an inventive step.

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

Explanation: Section 14(1)(a) of the Designs Act 195 of 1993 explicitly provides that the Registrar shall register an aesthetic design if it is new and original. In contrast, Section 14(1)(b) requires a functional design to be new and not commonplace in the art in question. Inventive step and non-obviousness are patent law standards under the Patents Act 57 of 1978.

3What 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?

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

B.15 years from the date of grant.

C.20 years from the date of application.

D.5 years renewable indefinitely.

Explanation: Under Section 22(1)(b) of the Designs Act 195 of 1993, the duration of registration of a functional design is 10 years from the date of registration (which is the application date) or the release date, whichever is earlier. Subject to the payment of prescribed annual renewal fees starting from the third year, protection expires at 10 years.

4Under Section 1(1) and Section 14(1) of the Designs Act 195 of 1993, what is the 'release date' of a design?

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

B.The date on which the application is officially lodged at CIPC.

C.The date on which the design registration certificate is issued by the Registrar.

D.The date of publication of the design registration in the Patent Journal.

Explanation: Section 1(1) defines 'release date' as the date on which a design was first made available to the public (in South Africa or elsewhere) with the consent of the proprietor or any predecessor in title. Declaring a release date on Form D1 allows the proprietor to claim a statutory grace period of up to six months prior to filing under Section 14(1).

5If 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)?

A.Within 6 months from the release date.

B.Within 12 months from the release date.

C.Within 3 months from the release date.

D.No application can be filed once public disclosure has occurred.

Explanation: Under Section 14(1) of the Designs Act 195 of 1993, if a design has been released to the public, the application for registration must be filed within six months from the release date. Disclosures made within this 6-month grace period do not destroy novelty provided the release date is properly claimed in the application.

6Under Section 14(2) of the Designs Act 195 of 1993, what constitutes the 'state of the art' against which novelty is evaluated?

A.All matter made available to the public anywhere in the world by written description, use, or in any other way prior to the filing or release date.

B.Only matter published in South Africa prior to the filing date.

C.Only registered designs on the CIPC design register at the date of application.

D.Matter disclosed in South Africa within the preceding 5 years.

Explanation: Section 14(2) defines the state of the art as comprising all matter made available to the public (in South Africa or elsewhere) by written description, by use, or in any other way, as well as matter contained in prior pending or registered South African design applications. South Africa adopts an absolute (global) novelty standard for designs.

7Which system of classification of goods is used by the South African CIPC for classifying design applications?

A.Locarno Classification.

B.Nice Classification.

C.International Patent Classification (IPC).

D.Vienna Classification.

Explanation: The South African Companies and Intellectual Property Commission (CIPC) uses the Locarno Classification (International Classification for Industrial Designs under the Locarno Agreement) to classify design applications. Nice Classification applies to trade marks, IPC to patents, and Vienna to figurative trade mark elements.

8Does the CIPC Designs Office conduct substantive examination as to novelty before registering a design application under Section 15 of the Designs Act 195 of 1993?

A.No, CIPC performs formal examination only to verify compliance with prescribed formalities.

B.Yes, CIPC performs a full global novelty search prior to registration.

C.Yes, but only for functional design applications.

D.No, unless an opposition is formally lodged by a third party prior to registration.

Explanation: Under Section 15 of the Designs Act 195 of 1993, the Registrar examines design applications for compliance with formal statutory requirements only. CIPC does not search prior art or evaluate novelty/originality prior to grant. Validity is tested post-grant through court revocation proceedings under Section 31.

9Under Section 44 of the Designs Act 195 of 1993, what is the priority period for filing a Paris Convention design application in South Africa?

A.6 months from the filing date of the first application in a convention country.

B.12 months from the filing date of the first application in a convention country.

C.3 months from the filing date of the first application in a convention country.

D.18 months from the filing date of the first application in a convention country.

Explanation: Section 44(1) of the Designs Act 195 of 1993 aligns with Article 4 of the Paris Convention, granting a 6-month priority window from the date of filing of the first design application in a convention country. Applications filed within 6 months claim priority from that initial foreign filing date.

10Can a single design application in South Africa claim protection for both an aesthetic design and a functional design for the same article?

A.No, separate applications must be filed for aesthetic and functional designs, though both may relate to the same article.

B.Yes, a single combined application form can register both categories simultaneously.

C.Yes, provided the applicant pays a double application fee on one form.

D.No, an article can only qualify for either aesthetic OR functional protection, never both.

Explanation: Under the Designs Act 195 of 1993 and CIPC practice, aesthetic designs (Part A of register) and functional designs (Part F of register) must be filed as separate applications. However, a proprietor may validly register both an aesthetic design and a functional design for the same article, provided each application satisfies its respective statutory criteria.

About the SA Design Law & Practice Exam

The SA Design Law and Practice paper is a core subject in Group 1 of the SAIIPL Trade Mark Practitioners' Examination. It evaluates candidate trade mark practitioners on the legal framework governing registered designs in South Africa under the Designs Act 195 of 1993, including aesthetic vs. functional designs, novelty, state of the art, release date, registration procedures with CIPC, infringement, revocation, remedies, and the interface with copyright law. MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance.

Assessment

Written essay and practical problem-solving examination administered by the SAIIPL Board of Examiners.

Time Limit

3 hours

Passing Score

50%

Exam Fee

Determined by SAIIPL annually (South African Institute of Intellectual Property Law (SAIIPL))

SA Design Law & Practice Exam Content Outline

20%

Statutory Definitions & Design Categorisation

Designs Act 195 of 1993 Section 1 definitions, distinction between aesthetic designs (new & original, 15 years) and functional designs (new & not commonplace, 10 years), articles, and sets of articles.

20%

Registrability, Novelty & Release Date

Requirements under Section 14, state of the art, release date definition, 6-month statutory grace period, secret use, and exclusions from registration.

15%

Filing, Classification & Registration Procedure

Application procedures under Section 15, Locarno Classification, formal examination by CIPC Registrar, priority claims under Paris Convention Section 44, and representation.

15%

Proprietorship, Ownership & Transfers

Definition of proprietor under Section 1, commissioned designs, employee creations, assignments, hypothecations, and licensing under Section 29/30.

15%

Infringement, Remedies & Defences

Monopoly scope under Section 20, tests for infringement (substantial copying, informed user/eye of the court), Section 20(3) defenses, parallel importation, and Section 37 groundless threats.

15%

Revocation, Rectification & Interplay with Copyright

Grounds for revocation under Section 31, High Court / Commissioner of Patents jurisdiction, rectification under Section 28, and interplay with Copyright Act 98 of 1978 Section 15(1).

How to Pass the SA Design Law & Practice Exam

What You Need to Know

Passing score: 50%
Assessment: Written essay and practical problem-solving examination administered by the SAIIPL Board of Examiners.
Time limit: 3 hours
Exam fee: Determined by SAIIPL annually

Keys to Passing

Work through all 100 available questions
Review every answer and explanation
Track weak areas and revisit them
Use our AI tutor for tough concepts

SA Design Law & Practice Study Tips from Top Performers

1Master the statutory definitions in Section 1(1) of the Designs Act 195 of 1993, especially the distinct thresholds for aesthetic vs functional designs.

2Memorise the durations of protection under Section 22: 15 years for aesthetic designs and 10 years for functional designs from the application or release date.

3Understand the 6-month release date grace period under Section 14 and how prior public disclosure by the proprietor affects state-of-the-art evaluation.

4Study Section 20 infringement principles, including the 'eye of the court' test and substantial similarity guidelines established in South African case law.

Frequently Asked Questions

What is the primary statute examined in SA Design Law and Practice?

The primary statute is the South African Designs Act 195 of 1993, as amended, together with the Designs Regulations framed thereunder and relevant judicial precedent interpreting the Act.

What is the key difference between an aesthetic design and a functional design under South African law?

Under Section 1 of the Designs Act 195 of 1993, an aesthetic design protects features that appeal to and are judged solely by the eye (must be new and original, 15-year term). A functional design protects features necessitated by the function the article performs (must be new and not commonplace, 10-year term).

What is the 'release date' and its significance under the Designs Act 195 of 1993?

Under Section 1(1) and Section 14, the release date is the date on which a design was first made available to the public with the consent of the proprietor. If a release date is declared, the proprietor has a 6-month grace period from that date to file a valid design application in South Africa.

Does CIPC conduct a substantive search as to novelty for design applications?

No. Under Section 15 of the Designs Act 195 of 1993, the CIPC Registrar conducts a formal examination only. Registration does not guarantee validity, which can be challenged in revocation proceedings under Section 31.