Registered Designs

Design Registration has been likened to a registered form of copyright. Their main advantage over copyright is that they are easier to enforce.

Registered designs are restricted to products and articles to which design has been applied. Generally they are also restricted to articles which are produced in number. Hence while individual works of art, such as paintings and sculptures, enjoy copyright they are not generally suitable for design registration unless mass-produced. For instance, a one-off sculpture of a dolphin is not registrable as a design, but would be if it were the base of a table-lamp.

Unlike patents, designs do not protect functional aspects – instead they focus on features of shape or pattern. If a product has a distinctive appearance then design registration may be appropriate, particularly if the appearance has some eye appeal or is likely to distinguish the product from those of other competitors.

Examples of articles for which design registration may be sought include: furniture, hand tools (e.g. there may be a distinctive handle portion); profiles of metal extrusions for building fascias or visible joinery components; wallpaper patterns, and various mass produced items where an element of visual appeal has gone into the final shape. It does not matter that the article is functional – as long as there are design attributes which have some non-functional design merit.

In Practice

Designs are useful where patents are not available, particularly if the value lies in the appearance or design rather than function.

Some articles, particularly where a design feature also possesses functional attributes, are eligible for both patent and design protection. Here the design registration can be used as a second defensive line against infringement.

Additionally, designs can be quicker to register than patents, and early enforceable protection can thus be obtained.

Patent protection overseas can be expensive unless costs are being shared or income from the invention is being returned. Some businesses with the option of both design and patent protection will exercise the option of patent (and possibly also design) protection in important markets, but only design protection for less important markets.

Design Registration can also be important overseas, particularly in countries such as Australia where a proprietor cannot fall back on copyright for ‘industrially applied’ designs and articles.

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