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DESIGNS - WHAT IS A DESIGN REGISTRATION?

A registered design does not protect how the product works, rather it specifically gives the owner protection for the aesthetic quality of the product. This includes the unique visual features such as shape, configuration, pattern or ornamentation, which, when applied to a product, gives it a unique visual appearance. A registered design will need to be examined for newness and distinctiveness before you can enforce your rights against a third party, or if it is opposed by an interested party.

Come and talk to the professionals at Pegasus IP about whether a design registration offers the right IP protection for your needs.

The purpose of the design registration system is to encourage innovative design activity by giving designers an exclusive right to exploit their designs for a limited time and prevent others from imitating them.

The term of design registration can be up to 10 years.

As a registered owner, you:

  • have the exclusive right to use the design specified in your registration;
     
  • have the exclusive right to authorise other people to use your design as specified in your registration;
     
  • have a registered design that is your personal property that can grow in value and be sold;
     
  • have a registration that covers the whole of Australia;
     
  • are allowed to take action to stop unauthorised persons from using your design.
   

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