Registered Design Rights

A design is the overall appearance of a good. Its visual features external and internal.

Design right is similar to copyright but for shape, configuration, pattern or ornament applied to an item in industrial process or means. It requires application to be made for registration which, if granted will be for a maximum period of 16 years.

A design must be “new” and “distinctive” and not already in the public domain.

Special rules apply to functional designs created prior to 1 August 1989, which are protected by copyright for 10 years with a license of right available in the last five years. It is also possible, in certain circumstances to register designs with IP Australia.