What is a registered design?
A registered design is an exclusive right granted to the owner of the design to make, sell or import products embodying a design which is a copy or substantial copy of a protected design when such acts are undertaken for commercial purposes. Unlike a patent which protects the functionality of a product, a design protects the aesthetics of a product, i.e. the features of shape, configuration, colours, pattern or ornament applied to a product.
A registered design may consist of three-dimensional features, for example, the shape of the product, or two-dimensional features, for example, patterns, lines or color. To register a design, your design must be novel (not disclosed publicly) and it must be applied to any article. The period of protection is typically 15 years, renewable every 5 years.
Why should I protect my design?
A registered design in most countries is relatively easy to register, with only a formalities examination. It Although it is different from a patent registered designs too can be an invaluable asset to a company and generate revenue for a business through investor funding or licensing deals with third parties or outright sale of the design for a good price.
How can we help you?
Our law firm can assist you in:
Pre-filing design searches.
Advice on the registrability of product design, e.g. novelty.
Filing and registering a design.
Renewal of design registration.
Design revocation action.
Design infringement litigation, which includes drafting/responding to cease and desist letters.
Design portfolio management.
Change in ownership of the design, which includes the transfer of rights through an assignment.