You may register a design if you intend to obtain a right to protect the overall visual appearance of new and distinctive products and prevent others from using your design without your agreement.
A design right only protects designs that have a physical form, can be manufactured or handmade, and produced on a commercial scale.
A registered design gives you:
- the exclusive right to use your design and authorise others to use it in Australia
- a right that can grow in value and can be sold or licensed within Australia
- the ability to apply for the same design overseas (within six months of your Australian application)
- the ability to certify your design, which means you can take legal action against anyone who uses it without permission.
You can request an examination to certify your design when you file, or at any time during the registration period. A certified design gives you the legal right to take action against others who use it without permission.
