Enforcement

So how do I enforce my rights?

A design owner can take action to enforce their registered design if a certificate of examination has been issued. If the Registrar of Designs finds the design in question meets all the requirements of the legislation then a certificate of examination will be issued and the design will remain on the register. If the Registrar finds that the design is not valid, it will be removed from the register.

A registered design can only be enforced if it has a certificate of examination.

Third parties can request examination of registered designs and provide information relevant to the validity of the design registration. The Registrar can also initiate examination where the circumstance warrants.

Putting others on notice

Taking infringement action against another party can be a costly process so there can be a benefit in taking steps to avoid having to take action. If you have a registered design, it’s a good idea to let others know so that they don’t copy it. An appropriate notice on your labeling, packaging or other marketing material may be all that is required. The notice could simply be the term Registered Design followed by your registration number.