1.3. Design rights: Why protect a design?

Date Published

It is important that designers protect their intellectual property, as a design can be a valuable commercial asset. The design consists of visual features that can persuade a consumer to buy that product or to prefer one product over another.

By registering a design, the owner has conditional protection of their intellectual property.

Conditional protection means that the owner of the registered design has:

  • the exclusive right to use the design within Australia
  • the exclusive right to authorise other people to use the design within Australia
  • a right that can grow in value and be sold or licensed within Australia
  • the ability to apply overseas (within 6 months of the Australian application) for the same design with the same priority date
  • the ability to request the second step in the process: certification.

Amended Reasons

Amended Reason Date Amended
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