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As a fashion designer I am aware of what designs mean in the fashion sense but what does Design Registration mean? When do I need to register and what should I register?
A Registered Design is a form of intellectual property (IP). It is a legal right that gives the owner the exclusive right to use the design, and to prevent unauthorised use by others. Design rights cover only the look of a product, not its function, feel or what it is made from.
What to register
In order to register a Design, it must be new and distinctive. This means while a new design may include features that are common, such as zips, bows, buckles and sleeves, the combination, particular placement or alteration of features may create a new and distinctive appearance of a garment.
In submitting an application for registration, a drawing or photograph of the product is required to assist in defining the scope of the protection sought. These representations will need to clearly show the relevant features of your design. These features may or may not need to be limited to specific patterns, colours unless the pattern or colour is important in creating the overall impression.
When to consider registration
Timing an application for Design Registration is important. If you have already published your design, which means you’ve already disclosed in the public domain in some form such as a look book, this will mean it’s not ‘new’ and your design registration would not be valid. So beware of this publicity trap.
A registered design that has been examined and certified gives you a legally enforceable right to use your products design and prevent others from using your design without your permission.
If your design is still a work in progress, it is probably best to wait until you’ve settled on your final design, since you can’t make changes to your application for design registration once you’ve lodged it with IP Australia.
Registering your design is a commercial decision that only you can make. IP Australia can provide you with information about Designs, and about the process for registration, so that you can make an informed and considered decision about whether you need Design Registration. However, we cannot provide you with business or legal advice. Should you wish to consider seeking such advice, a list of registered IP professional can be found on IP Australia’s website at:
http://www.ipaustralia.gov.au/resources/professionals_index.shtml
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