Designs
Registered designs are a type of intellectual property right directed to the appearance or “visual features” of a product. Aspects of appearance that can be protected include the shape, configuration, pattern and/or ornamentation applied to a product. Design protection is to be contrasted with patent protection where the focus is on how a product works as opposed to its appearance.
Design protection in Australia is a two-stage process with a first stage automatic registration following a formalities check and an optional second stage certification where the design registration is assessed for “newness” and “distinctiveness” in view of previously published designs anywhere in the world or designs previously used in Australia. As a consequence, it is important to apply for protection before there is any public disclosure of your design.
Certification of a registered design is a requirement prior to taking any Court action in Australia seeking to enforce your design registration.
A registered design protects the visual appearance of your product such as its shape, configuration, pattern and ornamentation. It can be a valuable business asset which grants the owner the exclusive right to commercially exploit products embodying that design.
Registered designs are a type of intellectual property right directed to the appearance or “visual features” of a product. Aspects of appearance that can be protected include the shape, configuration, pattern and/or ornamentation applied to a product. Design protection is to be contrasted with patent protection where the focus is on how a product works as opposed to its appearance.
Design protection in Australia is a two-stage process with a first stage automatic registration following a formalities check and an optional second stage certification where the design registration is assessed for “newness” and “distinctiveness” in view of previously published designs anywhere in the world or designs previously used in Australia. As a consequence, it is important to apply for protection before there is any public disclosure of your design.
Certification of a registered design is a requirement prior to taking any Court action in Australia seeking to enforce your design registration.
- Developing a design protection strategy tailored to your requirements
- Advising on the registrability of your design including searching
- Preparing and filing design applications including the preparation of relevant drawings
- Prosecuting design applications through to registration and certification
- Obtaining overseas registered design protection
- Competitor monitoring and oppositions
- Infringement advice
- Design portfolio management
- Litigation support in relation to Court proceedings involving design enforcement and challenges to design validity
-
Developing a design protection strategy tailored to your requirements
-
Advising on the registrability of your design including searching
-
Preparing and filing design applications including the preparation of relevant drawings
-
Prosecuting design applications through to registration and certification
-
Obtaining overseas registered design protection
-
Competitor monitoring and oppositions
-
Infringement advice
-
Design portfolio management
-
Litigation support in relation to Court proceedings involving design enforcement and challenges to design validity
Minimum Filing Requirements
Australian Designs
- Name and address of applicant(s)
- Name of author(s) (i.e. designers)
- Set of representations (preferably drawings) of the design
- Title (i.e. name) of the design
- Details of priority design application filing, if any
- Details of entitlement from author(s)
Note: No signed documents are required from the applicant(s) or author(s).
New Zealand Designs
- Name and address of applicant(s)
- Set of representations (preferably drawings) of the design
- Name of article (i.e. product)
- Statement of novelty (except of textile, wallpaper, or lace)
- Details of priority design application filing, if any
