Design
A registered design is a type of Intellectual Property (IP) that protects the visual appearance of a product.
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Secure your design’s competitive edge with Registered Design protection in Australia.
An Australian registered design gives the owner of the design the exclusive right in Australia (i.e. a monopoly) to commercially exploit the design (i.e. to make, hire, sell, use, import, etc, a product that embodies the design).
What is a Registered Design?
A registered design is a form of Intellectual property (IP) for protecting a new visual appearance of a product. Typically, the features of the product that are protected are the shape or configuration of the product, or the pattern or ornamentation on the product, or combinations of these. However, it is possible for other visual features to be protected as well.
Examples of types of products that can be protected are bottles and other containers, items of furniture, machine components, curtains or carpets having patterns, etc. In fact, just about any type of product having suitable new visual features can potentially be protected.
Sometimes, the features that are protected are aesthetic features (e.g. the artistic design of a lamp, or pattern on an item of clothing). However, under Australian law, functional features can also be protected (e.g. the shape of a bracket forming part of a technical fitting, features of a container that are necessary for the production process of the container, the shape of a boat’s hull that assists with movement of the boat through the water, etc).
An Australian registered design gives the owner of the design the exclusive right in Australia (i.e. a monopoly) to commercially exploit the design (i.e. to make, hire, sell, use, import, etc, a product that embodies the design). As a result, the owner may be able to stop somebody else from infringing the registered design, and may be able to claim monetary compensation from that person or company for infringement that has occurred.
What is the benefit of a registered design?
There are many circumstances where the outer appearance of a product can hold significant value. Even if the product itself is not of a technical nature where patent protection (another form of IP) is suitable, or where there is nothing technologically innovative about the product, the product may be designed with new visual features that are eligible for registered design protection. Sometimes a registered design can be useful to supplement the protection given by a patent.
The value in the outer appearance of the product could be as a result of the artistic flair or even the technical skill of the designer.
A registered design can therefore be an extremely valuable commercial asset for giving a person or business an advantage over competitors, by preventing them from commercially exploiting products that have the same overall impression as the product to which the registered design relates.
Often, a design is the result of much creativity, imagination, technical know-how, research, and/or investment in time and money. If other people could freely copy your design, they could take advantage of all your valuable input while minimising their own investment. This could give them a commercial advantage over you. But a registered design can be used to prevent this from happening.
Searches relating to designs
Having suitable searches conducted can be an important aspect of the registered design application process. Click here to find out more.
Is it worth it to apply?
The expected cost of the application process (i.e. applying for, and obtaining, a registered design) and the cost of marketing the product, should be weighed against the expected profits or commercial benefit that can be derived from the product or design registration. However, it is often worthwhile to apply for registration of a design. This is because of the relatively low cost that is usually involved in obtaining a protectable registered design, versus the potentially high value of the registered design to the person or business that owns it.
Frequently Asked Questions (FAQs)
What does a registered design protect?
A registered design protects the visual appearance of a product — including its shape, configuration, pattern, and ornamentation. It does not protect how a product works (functionality), which is typically covered by a patent.
How long does a registered design last in Australia?
An Australian registered design lasts for an initial period of 5 years from the filing date. It can be renewed for a further 5 years, giving a maximum protection period of 10 years.
Can I register a design that includes both functional and aesthetic features?
Yes, as long as the visual appearance is new and distinctive, it can be registered. Even if the features have a functional aspect, registration may still be possible under Australian law.
Do I need to register my design before launching the product?
Yes, it’s strongly recommended to apply for registration before publicly disclosing your design. Once it’s made public, you may lose the ability to obtain protection.
What happens if someone copies my registered design?
If your design is registered, you can take legal action against the infringer. This may include stopping them from using the design and potentially claiming damages or financial compensation.
Have a Unique Product Design? Let’s Protect It!
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