Feature
Issue No. 37 - October/November 2007
Celebrating a century of IP in Australia
A combination over-all garment by Albert Holdsworth was the first design to be registered in Australia, on 10 January 1907. Since then, more than 150,000 designs have been registered.
Notable registrations include fishing lure Primal Prawnstar, the Albion Cricket Helmet, and the Speedo Fastskin full-body swimsuit that took the world by storm at the Sydney 2000 Olympics.
Patents and trademarks are well-known, but the registered design doesn’t have the same profile; a registered design protects the appearance of the product but not how the product works.
To be registered, a design must be new and distinctive. A ‘new’ design cannot have been publicly used in Australia or published in a document inside or outside Australia. A ‘distinctive’ design is not substantially similar to other designs already in the public domain.
Deputy Registrar for Trade Marks and Designs Gavin Lovie says designers need to understand the marketplace to know if their product can be protected.
“If a designer is developing a product for a market need or niche, they already know they have something of value and should consider seeking protection as part of their commercial strategy,” he says.
If you own a registered design you can enforce your design rights and take action if someone uses your design without your permission.
Your investment is protected; it can grow in value and be sold or licenced.
Design registration can...
