Designs

The Designs Act protects the overall appearance of an article, including features that form the article. These features may include the pattern, shape or configuration giving it a unique appearance.

Registration is a valued commercial asset providing the owner with monopoly protection in the appearance of articles.

To be registrable, a design must be new and distinctive and an application for registration must be applied for before the design is commercially exploited.

Benefits of Design registration:

The registered owner of a design has:

• The exclusive right to use the design;
• The exclusive right to authorise other people to use the design;
• An asset which can be valued and be sold;
• National protection; and
• The ability to take action to stop other people from using a similar design to the registered design.

We regularly advise clients on:

• Registrability of designs;
• Preparation and lodgment of design applications;
• Infringement of registered designs;
• Assignment and licensing; and
• Prosecution of design infringements.