Watermark
A design registration will protect a newly created appearance for an article or product from copying by competitors for up to ten years. Under new legislation in Australia, it is now possible to publish designs without seeking exclusive design rights. This assists the designer in ensuring that their designs cannot subsequently be monopolised by a competitor.
Under the Designs Act 2003 in Australia, a design registration is infringed where an unauthorised competitor uses a design which is 'substantially similar in overall impression' to the registered design. In judging this similarity, it is required that more attention be paid to the similarities between the designs than to any differences between them. This is anticipated to make design registrations easier to enforce, addressing the criticisms made of enforcement under the recently repealed Designs Act 1906.
There is a great deal of skill required in preparing effective design protection. A good patent attorney will carefully choose appropriate words to define the design to guide the eye in assessing what are the new and distinctive aspects of the product embodying the design.
The preparation of illustrations is also important. Generally it is better to use drawings than photographs or a sample of the product because a drawing enables the key aspects to be better highlighted.
For further details, please see the Frequently Asked Questions (FAQ) section, or contact one of Watermark's professionals for advice.