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Design Registration

  1. About
  2. Procedure
  3. Frequently Asked Question
  4. Enquiry
  5. Email

Design Registration

Design registration allows the designer of a product to protect the way the product looks. Most commonly, registered designs are used to protect the three-dimensional visual appearance of a given product, often referred to as the product's shape and/or configuration. In addition, a design registration can also protect the two-dimensional visual appearance of a product, often referred to as the product's pattern/ornamentation.

Benefits

There are a number of benefits of registering your design. Some of these are listed below

  • Exclusive rights in your design

    A Registered Design grants exclusive rights in the look and appearance of your product. You can stop people making, offering, putting on the market, importing, exporting, using or stocking for those purposes, a product to which your design is applied.

  • Protect all aspects of your design

    Design Registration protects the overall look of the whole or a part of your design. You can claim protection for the shape of a product, a two-dimensional surface pattern or graphic design, or a combination of the two.

  • Long period of protection

    Registered Designs can be renewed every 5 years up to a total of 25 years.

  • Easier to enforce

    The existence of your registration may be enough to stop anyone infringing your design irrespective of whether they copied or came up with the design independently.

  • Make money from your design

    A registered design allows you to sell your design and the intellectual property (IP) rights to it; or license somebody else to use your design whilst you retain the IP rights.

Procedure

It is very important to consult a registered patent attorney to prepare an application for a registered design. This is especially important if design protection overseas is to be considered. As foreign designs offices have different requirements to the Australian Designs Office, the Australian application needs to be prepared to specific standards to enable the application to be extended to foreign jurisdictions.

Frequently Asked Question

Q1. What is a Registered Design?
Ans. Design registration allows the designer of a product to protect the way the product looks. Most commonly, registered designs are used to protect the three-dimensional visual appearance of a given product, often referred to as the product's shape and/or configuration. In addition, a design registration can also protect the two-dimensional visual appearance of a product, often referred to as the product's pattern/ornamentation.


Q2. Can my design application or registration be restored?
Ans. Under certain conditions it is possible to restore an abandoned application or lapsed design registration. You will have to:

  • apply for restoration
  • show that the failure that lead to the abandonment or lapsing was unintentional, and
  • if the request is made beyond the stipulated period, also show that there was no undue delay in applying for the restoration.
  • For abandoned design applications the stipulated period is 3 months from the date the application was abandoned under section 7(4), and for lapsed designs the stipulated period is 12 months from the date the extension of copyright fee was due


Q3. How do I sell or license my Design?
Ans. If you wish to change the ownership of your design you are advised to seek legal advice when drafting your contract.


Q3. What can I do if my Design is copied?
Ans. You can advise the other party that you have a registered design and ask them to stop the action We recommend that you do not threaten any legal action without seeking professional legal advice.


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