A registered design is a valuable business asset which grants the owner the exclusive right to commercially exploit products embodying the design.
Registered designs are a form of intellectual property 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. Certification of a registered design is a requirement prior to taking any Court action in Australia seeking to enforce your design registration. As a consequence it is important to apply for protection before there is any public disclosure of your design.
Madderns design services include:
- 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