A design right protects the visual appearance of a product, i.e., how it looks, rather than how it works. This includes features such as shape, pattern, configuration, and ornamentation. Design protection is important because the look of a product often plays a big role in attracting customers and differentiating it from competitors. Registering a design gives you the exclusive right to use that design for commercial purposes for a set period, usually up to 10 years in Australia.
To qualify for registration, a design must be new and distinctive, meaning it is different from designs that already exist. It’s important to apply for design protection before you publicly disclose or sell the product, as early disclosure can prevent you from obtaining valid rights. Once your application is filed, you can begin using the design commercially while the registration process is underway.
Design rights can cover a wide range of products, from furniture and fashion items to packaging and industrial components. For example, the unique shape of a chair, the pattern on a fabric, or the configuration of a smartphone casing could all be protected as registered designs. These rights help ensure that the effort and creativity invested in a product’s appearance are not copied by others.
Examples of designs that may be registrable:
- New, original vehicle tyre patterns
- The shape of a lamp base or piece of furniture
- New, original configurations of aluminium extrusions to be used in fabricating building products
Like other IP rights, design protection is territorial. If you want to safeguard your design in multiple countries, you’ll need to apply in each jurisdiction. Working with a registered IP attorney (usually a patent attorney with an engineering background) is strongly recommended, as they can help you prepare a strong application and coordinate international filings through their global networks.
Designs are administered in Australia under the Designs Act 2003 (Cth) through the Designs Office at IP Australia.
