Register designs with IP Australia
Registered designs protect product visual appearance for up to 10 years.
Who must comply
Designers, manufacturers and businesses (or their assignees and employers entitled to the design) that want exclusive rights in a product's appearance in Australia, and any business that marks or advertises products as registered designs.
What triggers it
Wanting to protect a new and distinctive product appearance, wanting to enforce design rights against a copier (certification required first), or marking products with words such as "registered design".
When due
Apply before the design is published or disclosed where possible; registration runs 5 years from filing and must be renewed before that term ends to reach the 10-year maximum; request examination and certification before starting infringement proceedings.
Evidence required
Design application with representations of the product; search records showing prior designs considered; filing receipt and registration notice; renewal record; certificate of examination; evidence of ownership or entitlement (assignments, employment terms).
Max penalty
Falsely representing that a design is registered, falsely claiming to be the registered owner, or selling products marked as registered when the design is not, is an offence carrying 60 penalty units, $21,840 (Designs Act 2003 s 132). An uncertified design cannot be enforced, and infringement is remedied by court orders
Who must comply with this? The applicability test by industry, business structure and size.
Summary
A registered design under the Designs Act 2003 protects the overall visual appearance of a new and distinctive product. Registration is voluntary, administered by IP Australia, and works in two parts: the application is checked for formalities and registered, and the owner can then request examination so the design is certified. Only a certified design can be legally enforced against infringers. Registration lasts 5 years from the filing date of the application in which the design was first disclosed, and can be renewed once, to a maximum of 10 years (ss 46-47). Before applying, a business should search existing design rights and check whether its own design has already been published, because publication can defeat novelty. The Act also creates offences for falsely claiming that a design is registered.
Enforced by
Source legislation
Topics
Related
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Reading
Frequently asked questions
- Who must comply with designs with IP Australia?
- Designers, manufacturers and businesses (or their assignees and employers entitled to the design) that want exclusive rights in a product's appearance in Australia, and any business that marks or advertises products as registered designs.
- What triggers designs with IP Australia?
- Wanting to protect a new and distinctive product appearance, wanting to enforce design rights against a copier (certification required first), or marking products with words such as "registered design".
- When is designs with IP Australia due?
- Apply before the design is published or disclosed where possible; registration runs 5 years from filing and must be renewed before that term ends to reach the 10-year maximum; request examination and certification before starting infringement proceedings.
- What is the maximum penalty for designs with IP Australia?
- Falsely representing that a design is registered, falsely claiming to be the registered owner, or selling products marked as registered when the design is not, is an offence carrying 60 penalty units, $21,840 (Designs Act 2003 s 132). An uncertified design cannot be enforced, and infringement is remedied by court orders
- What evidence is required for designs with IP Australia?
- Design application with representations of the product; search records showing prior designs considered; filing receipt and registration notice; renewal record; certificate of examination; evidence of ownership or entitlement (assignments, employment terms).
Source: https://www.ipaustralia.gov.au/design-rights. Rules Mate is not a law firm. Always verify against the live regulator source before acting.