What is a design?
Design refers to the features of shape, configuration, pattern or ornamentation which, when applied to a product, gives the product a unique appearance.
You can register a design but it must be new and distinctive.
A registered design can be a valuable commercial asset. Once your registered design is examined and certified, you have the exclusive and legally enforceable right to use, license or sell your design.
Design registration is intended to protect designs which have an industrial or commercial use. Designs which are essentially ARTISTIC WORKS are covered by copyright legislation and ARE NOT ELIGIBLE for design registration. The protection you receive is only for the visual appearance of manufactured products, not how it works.
Registration initially protects your design for five years. You can then renew the registration for a further five years.
Who administers designs?
Applications should be filed with the designs section of IP Australia. They will assess whether your invention is new and if it meets the legislative requirements.
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art and literature, music,films, sound recording, broadcasts and computer programs from copying and certain other uses. Copyright is not registered in Australia.
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