A design registration protects the unique visual appearance of a product including the features of shape, configuration, pattern and/or ornamentation of the product.
To be registrable, the design must be ‘new’ and ‘distinctive’. A design registration provides the applicant with a monopoly to prevent another third party from producing a product with an appearance which is substantially similar in overall appearance to their registered design for a period of up to 10 years.
Design protection does not protect the method or principle of construction (i.e. how or why the product works or is manufactured).
It is essential that the design is not publicly disclosed prior to filing a design application as any prior public disclosure may invalidate your design registration.
Why seek Design Registration?
A registered design can add value to your business in the following ways:
provide you with exclusive rights to the design - it offers protection and acts as a deterrent against potential infringers and unauthorised users;
prevent competitors from using the design in relation to a particular product;
allow you to enforce your rights against an infringer or unauthorised user of the design;
represent a valuable business asset that provides a competitive advantage;
provide an asset which can be sold or licensed in return for a fixed fee or royalty.
How can Adept IP assist?
Our Attorneys are qualified to assist you in relation to obtaining, maintaining and enforcing registered designs. We can also provide expert practical and tailored solutions that can be integrated in your business strategies.
Adept IP provides the following design services:
conducting design searches;
preparing and filing design applications in Australia and overseas;
responding to Examination Reports;
providing advice in relation to design disputes and infringement;
providing advice in relation to design/copyright overlap matters;
licensing and assignment of design rights;
managing your IP portfolio.
If you require any further information, or if we can be of further assistance to you, please do not hesitate to contact us.