What do Hermès Birkin bag and the world’s first barista standard reusable cup KeepCup have in common? Well, their unique appearance may be protected under the Designs Act 2003 (Cth).
Designs are those features of shape, configuration, pattern or ornamentation which create the visual appearance of an article. If your products have a unique appearance, it is recommended that you consider design registration.
Design is not merely an expression of your creativity. It is also an integral part of your brand and impacts on the appeal of products to consumers, your ability to sell your product and develop a sustainable business. Unfortunately for some designers and businesses, taking steps to protect your design happens too late as it needs to be done before the product is launched to market or shown publicly.
A key aspect of protecting the design of an article is protecting your intellectual property. After all, it is your talent and innovation and you deserve to be reward for the “sweat of your brow”.
Designs may be protected by two systems of intellectual property law under the:
- the Copyright Act 1968 (Cth);
- the Design Act 2003 (Cth);
- Consumer laws (under the broad area of misleading or deceptive conduct).
To read Frequently Asked Questions and more information on Designs, please CLICK HERE.