What are design rights?
A design right protects the overall visual appearance of new and distinctive whole products. These whole products should have physical and tangible form, be manufactured or handmade, and be produced on a commercial scale. For example, a couch, a car or a dress.
In the commercial world, design can mean a lot of things. But just because you’ve designed something, it doesn’t mean you can protect it with a design right.
A design right doesn’t protect how your product was designed, what your product does, what your product is made from, or designs not applied to a tangible product. For example, a logo.
Applying for a design right is a two-part process in Australia. When you register and certify your design, it gives you the exclusive right to use your design and authorise other people to use your design within Australia, a right that can grow in value and can be sold or licensed within Australia, and the ability to apply for the same design overseas within six months of your Australian application.
Your registered design right lasts up to ten years, with a renewal required after five years.
One thing to keep in mind is that an Australian design right only gives you protection in Australia. If you want protection in other countries, you’ll need to apply for it there.
Want to learn more, including how to apply? Check out our design rights page.
