A Registered Design allows you to claim ownership on any new shape, configuration, pattern or ornamentation of a product. Design rights can be obtained for new shapes of existing products.
In Australia, registered Designs have a total 10 year term protection, and overseas rights can be obtained to protect your overseas product design markets. In Europe, protection goes for 25 years.
Does the intellectual property protecting one of these infringe the other?
See more about the Court case in other coffee cup blog here.
Registered Designs can protect any new shape of glassware, bicycle helmets, boot or shoe designs, truck or vehicle components or fittings, phone covers, coffee cups and so forth.
Contact our Patent Attorneys today to register the new appearance of your product. A “Registered Design” is a monopoly allows you exclusivity to the appearance so that competitor’s cannot make copies to compete with you.
If your new product Design creation is likely to achieve great sales, then you should see our Patent Attorneys to register the design before you publish, sell or disclose the idea.
Early disclosure will void your entitlement to the Design. If the Design drawings that are lodged with IP Australia have the wrong detail, this will leave you with at best a “weak” case and more likely “no” enforcement case ability.
Competitors will seek advice from their Patent Attorneys whether the Design as lodged is enforceable, so it is worth having a professional Patent Attorney represent you for the process.
It is not IP Australia’s role to comment on whether your drawings are correct per the requirements of the Designs Act or what Courts will expect.
Competitors will seek advice from their Patent Attorneys whether the Design as lodged is enforceable, so it is worth having a professional Patent Attorney represent you for the process.
Contact our Patent Attorneys today to protect your product as a design.
