Designs law protects the two or three dimensional physical appearance of products. Designs law is governed by the Designs Act 2003 (Cth).
Designs are protected by seeking registration of them at the Design Office which is located at IP Australia in Canberra.
Only designs that are new and distinctive compared with existing designs in use in Australia or published in a document anywhere in the world will comprise a valid design registration.
It is vitally important if you have created a product with a new design that you keep it confidential until you have obtained advice from an IP specialist, such as Marshall IP Group, and until after you have applied to register it as a design. If you do not do this, it will not be new at the date on which you do seek to register it as a design and it is likely that this may invalidate the registration of the design. Invalidating the design means you will be unable to prevent others from using the same or similar design.
Design registration is relatively inexpensive as the Designs Office does not conduct a thorough examination of design applications in order to confer registration. It is however, necessary to request formal examination of your design (referred to as certification) if you wish to take legal action against someone for use of the same or similar design.
Our costs for design registration start around $1,200, excluding the cost of obtaining appropriate images or representations of the design.
The remedies that you may be awarded if you are successful in a design infringement action include an order that the infringing conduct stop and possibly financial compensation if you can show financial loss or damage as a result of the infringement.
We can attend to all of your design law needs, including:
- seeking registration of your new and distinctive products as registered designs;
- design registration portfolio management;
- commercial agreements relating to designs – licence agreements, transfer agreements (assignments); and/or
- designs litigation and disputes.
Businesses that are likely to need designs law advice include:
- product designers;
- fashion designers;
- innovative manufacturers;
- importers of new and distinctive products; and/or
- anyone dealing with any of the above.
Contact us today about DESIGN REGISTRATION
- Local and National – 0499 222 028
- International – + 61 499 222 028
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "Read More >
"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."Read More >
"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "Read More >
"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."Read More >
"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "Read More >
"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"Read More >
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