In our Designs work

DESIGNS. Among the range of IP tools, the protection of industrial designs – also simply referred to as designs – is the most clearly relevant to the creativity industry. Registration of a design helps the owner to prevent all others from exploiting its new or original ornamental or aesthetic aspects, which may relate to a three-dimensional feature, such as the shape of a hat, or a two-dimensional feature, such as a textile print.

There are a number of options and strategies when considering seeking protection, especially overseas. There is no “worldwide design registration” and, aside from Europe, design registration will need to be obtained separately in each country of interest.

It is important to note that a registered design does not provide legally enforceable rights against a suspected infringer. To obtain enforceable rights, examination must be sought and the design must be certified. Upon request, our IP attorneys review and examine the registered design to determine whether it satisfies the requirements of being “new and distinctive”. If this “new and distinctive” requirement is met along with all other criteria, the design will be certified with the authority, at which point it is recognised as a legally enforceable right which can be utilised in infringement proceedings


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