You can only take action to enforce your registered design rights if a certificate of examination has been issued. You can request examination by filing a request for examination and paying the fee.
Examination of your registered design will result in either:
- it is found to be new and distinctive, and there are no oppositions, you will receive a notice confirming your design rights are enforceable. Your design will be advertised in the Australian Official Journal of Designs.
- it is found not to be new and distinctive and you will be issued with an adverse report. This report will provide you with reasons why your registration, in its present form, does not meet the requirements of the Designs Act 2003. You will have an opportunity to amend the details of your design registration.
If the Registrar finds that the design is not valid then it will be ceased or revoked.
Before you apply for a design registration we strongly recommend that you search similar designs that have already been registered.
Examination requests from a third party
A third party can request examination of your registered design. They may also provide information relevent to the newness and distinctiveness of your design to be considered by the registrar in the examination process.
They pay half of the examination fee, and you pay the balance of this fee, because if your design is certified, you stand to benefit from this action.
Once both parties have paid the appropriate fee, examination will commence. If a third party requests examination and you do not pay the balance, your design registration will cease.
Last Updated: 23/11/2013