Registered designs are very useful to protect a product’s unique appearance. The owner of a registered design has the exclusive right to apply the design to the product category it has registered under. They are required to be new, distinctive, and produced on a commercial scale.
A registered design provides its owner with the exclusive right to apply the design to those type of products in Australia. A certified design is required to pursue an alleged infringer of your design registration.
Importantly, remember that your design needs to be new and distinctive and should not be published before registration or certification. IP Australia has introduced a 12-month grace period in 2022, allowing the designer or registered owner to use and publish a design up to 12 months before applying to register it.
Our experienced team of lawyers, attorneys and consultants can help you give your design application the best chance of successfully achieving registration and certification. Request our advice below.
The team of design attorneys and lawyers at Progressive Legal are trained to provide advice and representation to file a registered design application or resolve legal issues in relation to designs.
To apply for a registered design, designs are required to be new, distinctive, and produced on a commercial scale. There’s a lot you can register as a design and in Australia, you can register designs for items which may have both a functional and aesthetic purpose. A design attorney can help you decide which design you should apply for as a priority.
If your design has been disclosed to the public before you apply to protect it, you may still be able to secure a design right if you meet the requirements of the grace period. Our team of lawyers and attorneys can help you understand the grace period and let you know if you can claim the grace period.
Once registered, a design will be protected for a period of 5 years and then the potential to renew for a further 5 years. Our team monitors the IP register daily and will ensure the deadline renewal is not missed.
Once registered, you have further legal rights to obtain Court injunctions to stop infringers, the ability to grant a licence for others to use it, mark packaging with the registered rights and sell the registered design if you wish.
Our design lawyers can help you enforce your registered rights and common law rights. Request our advice today.
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:
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:
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.
“An IP protection strategy is vital for emerging brands and the Progressive Legal team have built a robust business to support growing SME’s with this need.”
Shaun Stubley, Director at Air Accounting