Designs (protect the appearance of products)
Registered designs protect the overall appearance of a product (i.e something that is manufactured or hand made) resulting from one or more visual features (e.g. the shape, configuration, pattern or ornamentation of a product). The design needs to be new and distinctive in order to be registered and it is therefore important that the design is not disclosed before the application is filed.
Certain works (particularly, artistic works i.e. 2 dimensional “designs”) which are protected under the copyright act should also be registered as designs before the design is industrially applied to a three dimensional product and sold in Australia so that the embodiment of the artistic work in a product is protected. If the work is applied to a product and sold commercially, some copyright protection in the work may be lost and it may be necessary to rely on a registered design to protect those rights.
Protection of a registered design lasts for 10 years from the filing date. There is an initial term of 5 years, capable of being renewed for another 5 years.
We can assist in relation to:
- General registered designs advice
- Lodgement and prosecution of registered design applications
- Litigation and dispute resolution
- Commercialisation and management of portfolios including renewals
Contact our designs lawyers in Sydney for a free initial consult and quote.