Benefits of registration
An enforceable registered design can be a valuable commercial asset. Once your registered design is examined and a certificate of examination issued, you have the exclusive and legally enforceable right to use, licence or commercialise your design. If another person uses your registered design without your permission, you can take action to stop them.
An examined and certified design gives you the owner, exclusive rights to commercially use it, licence or sell it.
As the registered owner you have:
- exclusive right to use the design
- exclusive right to authorise other people to use your design
- a registered design which is 'personal property' that can grow in value and can be sold
- a registration that covers the whole of the Commonwealth of Australia.
Length of protection
- Registration initially protects your design for five years from the date your design was first filed with IP Australia.
- The design registration can be renewed for a further five years. If you do not renew your registration it will cease.
Once the registration has ceased the design passes into the public domain and is free for anyone to use. It may still be protected by other laws such as copyright or trade marks.
If your registered design is infringed or you believe it is being infringed, you should consider requesting an examination and/or seeking legal advice. If your registered design is issued with a certification of examination, you may take legal action against the competing party. However, if it is examined and found invalid, you will have no rights in the design and therefore will not be able to take infringement action.
Last Updated: 14/10/2015