A product’s unique overall appearance - visual shape, configuration, pattern and ornamentation can be described as its’ design. Registering a design protects the overall appearance of a product. It does not however protect how the product functions. If the functionality aspect of the product is sufficiently novel /invention it may qualify for patent protection. Dual design and patent protection can often be sought.

A registered design provides the owner with the exclusive right to that design in the marketplace in respect of the product/article for which it is registered. A design registration lasts for a 10 year term.

As with patents, a design application must be filed prior to the design being publicly disclosed. It is therefore recommended to discuss your design requirements as early as possible during the design or product development phase.

Why seek Design Protection? How do I protect a design?

The appearance of your product is as much a marketing asset as is your brand name. Design registration under the Designs Act 2003 (Cth) provides you with the right to prevent an unauthorised party from adopting a substantially similar design in respect of the product which is the subject of the registration.

The Designs Act 2003 (Cth) recently replaced the old Designs Act 1906 (Cth). It is our view that the new Act, whilst not tested in the courts extensively as yet, provides a broader scope for establishing infringement by an unauthorised party. As such, it provides even greater incentive to seek registration of this kind.

Registered designs are placed on the Designs Register, a publicly available database. An unrelated party or such party’s advisers may conduct a search of that register prior to the manufacture of a product. Having a design on that public register will act as an effective deterrent to infringers.

Actuate IP’s design protection services

Actuate IP Group’s qualified attorneys and intellectual property lawyers provide an expert and tailored approach to assist with the implementation of design strategies for businesses. We advise on design protection strategies, design searches, design registration , design disputes , design contract & design management services.

Located in Melbourne, our design protection services extend to all areas of Australia including Sydney, Brisbane, Perth, Adelaide, Hobart, Darwin & Canberra.

Place an Online Enquiry to contact a Patent Attorney or call us on 1300 768 730.