54
in the judgment of this Court in Homecraft Steel Industries(Pty)Ltd
v
:
(Pty) Ltd & A n o t h e r
S M H a r e & S o n 1 9 8 4 ( 3 ) . SA 6 8 1 { A )
at
pp
690
D -
692
H.
As
appears therefrom, the elements of design are pattern,
shape, configuration or ornamentation;
and for the exter-
nal appearance of any article to be registrable as a design
there must be something special, peculiar, distinctive,
significant or striking about its pattern, shape, configu¬
ration or ornamentation, something which catches the eye -
and in this sense appeals to the eye - and which distinguish¬
es the article from others of its type and class.
* More¬
over, the proviso to the definition of "design" excludes
from consideration (i) any feature in so far as such feature
is dictated solely by the function which the article is in¬
tended......
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