Registered Designs

• Protect the visual appearance of an article

  A registered design protects the visual appearance of an article. This can include features of the design such as the shape, configuration, pattern and ornamentation which, when applied to the article, give it a unique appearance. The Designs Act 2003 also allows for the registration of designs of component parts of complex products, but those registrations will be subject to a “right of repair” infringement exemption.

   

• A valuable commercial asset

  A registered design can be a valuable commercial asset. It gives you the exclusive right to use, sell or “lease” the design through licensing arrangements. Once your registered design is examined and certified, you may take action to stop other people from using and infringing your design.

  An Australian design registration has effect throughout the whole of Australia. The total term of registration is 10 years.

• Novelty requirements

  Australia has relative novelty requirements which means that the design must be “new and distinctive” at the time of filing the application, or at the priority date of the application. The newness of a design is measured against designs which have been publicly used in Australia or published in a document within or outside Australia. A design will be distinctive provided it is not substantially similar in overall impression to a prior design.

  It also follows that to obtain a valid design registration, there should not have been any public or unrestricted disclosure of the design prior to the filing of the design application.

• Please click on the links below for further information

  International Design Registration

  Registered Designs

  Registering a Design