Designs
Designs law protects the two or three dimensional physical appearance of products. Designs law is governed by the Designs Act 2003 (Cth).
Designs are protected by seeking registration of them at the Design Office which is located at IP Australia in Canberra.
Only designs that are new and distinctive compared with existing designs in use in Australia or published in a document anywhere in the world will comprise a valid design registration.
It is vitally important if you have created a product with a new design that you keep it confidential until you have obtained advice from an IP specialist, such as Marshall IP Group, and until after you have applied to register it as a design. If you do not do this, it will not be new at the date on which you do seek to register it as a design and it is likely that this may invalidate the registration of the design. Invalidating the design means you will be unable to prevent others from using the same or similar design.
Design registration is relatively inexpensive as the Designs Office does not conduct a thorough examination of design applications in order to confer registration. It is however, necessary to request formal examination of your design (referred to as certification) if you wish to take legal action against someone for use of the same or similar design.
Our costs for design registration start around $1,200, excluding the cost of obtaining appropriate images or representations of the design.
The remedies that you may be awarded if you are successful in a design infringement action include an order that the infringing conduct stop and possibly financial compensation if you can show financial loss or damage as a result of the infringement.
We can attend to all of your design law needs, including:
- seeking registration of your new and distinctive products as registered designs;
- design registration portfolio management;
- commercial agreements relating to designs – licence agreements, transfer agreements (assignments); and/or
- designs litigation and disputes.
Businesses that are likely to need designs law advice include:
- product designers;
- fashion designers;
- innovative manufacturers;
- importers of new and distinctive products; and/or
- anyone dealing with any of the above.
Contact us today about DESIGN REGISTRATION
- Local and National – 0499 222 028
- International – + 61 499 222 028
- info@marshallip.com.au
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"
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