What is design registration?
In Australia, a ‘new and distinctive’ design of any type of manufactured product can be legally protected, by registration under the Designs Act 2003 (Cth). Anything from a new design for a sticky tape dispenser to an innovative design for a container ship may be able to be protected in this way.
Under the Australian legislation, product design or industrial design refers to overall appearance of a product. It may consist of:
- Three-dimensional features (such as the shape, configuration or surface of an article)
- Two-dimensional features (such as patterns, ornamentation, lines or colour).
This means that industrial design is primarily of an aesthetic nature. Any technical features of the article are not protected by the design registration. However, the more functional features of a design may be able to be protected by a patent.
To register a design under the Design Act 2003 (Cth), it must be ‘new’. The question of whether a design is classified as ‘new’ under the legislation will depend on a range of factors, including the nature of the product and the scope for innovative design in products of that type.
If a design is registered under this legislation, the registered owner has the right to control use of products in relation to which it is registered for a maximum of 10 years. After 10 years, others can use the design without risking being sued for infringement.
How can Sajen legal help you with design registration?
If you have created or purchased a new design, you may be entitled to register it and, in this way, control who can legally use it.
At Sajen legal, we can advise you on whether you are likely to be able to register your design.
If the design fits the criteria set out in the Design Act 2003 (Cth), we can assist you with the registration process.
If you are involved in a dispute over your registered design, our litigation team can:
- Advise you regarding your rights
- Enforce your rights against any party who infringes those rights.
We can also advise you on whether any designs you are using, or wish to use, infringe upon other registered designs. We can also defend you if you are sued by another party for breach of their registered design rights.
Do you need assistance with protecting your product designs? Would you like to talk to a lawyer who understands the design registration process? Would you like to know more about our fixed-fee arrangements? Call us now on 1800 640 509.