Why Register a Design?
Registering your design is a commercial decision that only you can make. However, the following information provides some background to assist you.
These days it’s not enough just to be a talented designer to build your label, you must also be a smart business person. If you have a unique product that will be released into the public domain, it may be wise to register it as a design. Once examined and certified you are able to take legal action against the product being copied by a competitor. In addition, registration may provide you with acknowledgement of the portfolio of your designs that may be licensed or sold.
However, be aware of the publicity trap. Gaining recognition within the fashion industry can be all about the new and distinctive look of your garments, bags and associated products. If you have publicly disclosed your designs (e.g. if your designs have appeared in fashion magazines, paraded garments at a fashion show or sold it as a product) prior to registration you may have lost your ability to protect your designs.
The benefits of registration
A registered design can be a valuable commercial asset. If you own a registered design you have the right to enforce your design once it has been examined and certified. You may sue for infringement once the registered design is certified, if another person uses your registered design without your permission.
As the 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 the registration
- Have a registered design that is personal property and can grow in value and be sold
- Have a registration which covers the whole of the Commonwealth of Australia
- Can take action to stop other people using your design after certification.
Term of protection
Registration initially protects your design for five years from the date the application was filed. The design registration can be renewed for a further five years up to the maximum term of 10 years. If you do not renew your registration it will cease. You can’t make an application to re-register the same design. Once the design has ceased it passes into the public domain and is free for others to use.
Costs and maintenance
A fee per design is payable at the time the application is lodged. The minimum fee* to commence your application is $200. Once registered, no further costs are required until renewal. Costs for renewal are $275.
Should you need to enforce your design, examination and certification need to occur. The fee to have your design examined is $360. If the design passes examination, certification follows. There is no additional fee for certification.
It is important to keep your details up-to-date to ensure we can remind you when your design is due for renewal. Firms, such as patent attorneys and IP professionals, can help you register and maintain your designs.
* Fees correct at time of publication. For the most up-to-date fees go to IP Australia’s Designs Fee page at www.ipaustralia.gov.au/designs/fees_index.shtml.
