Registered Design Australia

A registered design in Australia is a form of intellectual property protection for the visual appearance of a product. It is a legal right granted to the owner of a design that gives them exclusive use of the design for a certain period of time.

To obtain a registered design in Australia, an application must be made to the Australian Designs Office, which is a part of the Australian Government agency, IP Australia. The design must be new and distinctive, and the application must include images or drawings of the design.

In Australia, a registered design can be certified if an examination is requested and the design meets the requirements for certification. You can only legally enforce your design right if it is ‘certified’.

To certify your registered design, you’ll need to request examination for an additional fee. IP Australia will then examine your design to see if it meets the legal tests of ‘newness’ and ‘distinctiveness’. If no issues are raised, your registered design will be certified, and you’ll be issued a Certificate of Examination.

In the event that another registered design is found too similar to yours, an examination report will be issued and you’ll have 6 months to try resolving the listed issues. Important to note is that the inability to overcome those issues will lead to cessation of your registered design rights.

If you want to claim the grace period, you’ll need to submit your application for a design right within 12 months of disclosing your design.

The grace period came into effect on 10 March 2022, and only applies to:

• Applications filed on or after this date; and
• Disclosures that occur on or after this date.

A registered design in Australia typically lasts up to 10 years, with the option to renew for an additional 5 years.

An example of a registered design could be a unique smartphone casing or a distinct piece of furniture.

Unlike a patent that protects the functionality and technical aspects of an invention, a registered design safeguards the visual appearance and aesthetic features of a product.

To register a design in Australia, you can submit an application to the Australian government’s intellectual property agency, IP Australia, along with the necessary documents and fees. However, it’s recommended to seek legal advice and assistance from IP attorneys when doing this.

The owner of a registered design is typically the person or entity who created the design, unless ownership has been assigned to another party through contractual agreements (i.e. deed of assignment). Simply registering a design may not give you ownership of the copyright in the design. If you have a question about ownership of your design, you should see legal advice.

The fee for a standard design application usually starts from $250, however this can change depending on factors such as the type of design and the number of design variations. It’s advisable to seek professional advice for accurate cost information.

A registered design infringement occurs when someone without permission copies or uses a design that is protected by registration, thereby violating the rights of the design owner.

A registered design attorney can provide expert guidance and assistance throughout the design registration process, including drafting and filing applications, conducting searches, and advising on legal matters related to design protection.

For registered design infringement, it’s recommended to seek assistance from a litigation lawyer as well, as they have the qualifications and experience to resolve disputes in relation to design. Their expertise can help maximise the chances of successful registration and enforce design rights when necessary.

Our team of experienced design lawyers understands the complexities of registered designs and can provide you with tailored legal advice to protect your intellectual property. Whether you are an individual designer or a business, engaging our services can offer several benefits:

• Expertise in design registration
• Understanding of the grace period
• Monitoring and renewal assistance
• Enforcement of rights
• Licensing and commercialisation opportunities.

By engaging our team of design lawyers, you can ensure that your registered designs receive comprehensive legal protection and maximise the commercial value of your intellectual property. Contact us to benefit from our expertise and safeguard your design rights effectively.