‘Designs’ are the way that products look. This includes shape, configuration, pattern and ornamentation. Design rights are a form of Intellectual Property.
You can register designs under the Design Act 2003. Registration aims to protect a design that has an industrial or commercial use. It grants the owner exclusive rights to use, license or sell the design.
A design may not require registration. For example, copyright automatically protects your artwork. However, artwork applied to a product is considered a design. In such cases it will require registration to enable protection.
Registration is valid for 5 years from the date on which it is filed. Consequently, you should renew registration every 5 years in order to maintain protection of design rights. Once registered, a design may be examined for certification. Certification will then make the design rights legally enforceable. In order to be certified, a design should be “new and distinctive.”
Whether you need lawyers in Knox, Waverley, Boronia, Wantirna, or elsewhere in Melbourne, we can assist you with the process of obtaining registration for your design.
If you would like to protect your design, you can contact us by phone at (03) 9763 6399 or through our online enquiry form.