Industrial design registration in Australia

Industrial design registration in Australia plays a role as a safeguard for your innovation. Australia is a country with a developed economy in many fields and has many advantages for developing industrial designs. Like Canada, Australia is also a country that focuses on the development of clean energy and green technology. Industrial design products related to solar energy, wind energy, energy storage systems, etc. has great growth potential due to increasing global demand. Australia has strengths in research and development in the fields of health and life sciences. Industrial design products such as medical equipment, surgical instruments, diagnostic equipment, etc. has the potential to grow strongly thanks to the increasing demand for healthcare and the development of medical technology. Australia has a community of individuals who specialize in dynamic and creative fashion design. Industrial design products in this field such as clothing, shoes, bags, accessories… has the potential to thrive thanks to the creativity and unique style of Australian designers. Therefore, more and more individuals and organizations want to register industrial designs in Australia, Viet An Law would like to guide customers through the article below.

Legal Basis

• Designs Act 2003 (consolidated as of February 27, 2020)

Definition of Industrial Design in Australia

In Australia, an industrial design is defined as the overall appearance of a product created by one or more of its visual features. These visual characteristics can include the shape, configuration, patterns, and decorations of the product. The Designs Act 2003 provides for the registration and protection of industrial designs in Australia. To be eligible for registration, a design must:

• New: The design must not be identical to any design that was used or publicly disclosed in Australia or anywhere else in the world prior to the priority date.
• Special: The style must be so different from any style that has been used or publicly disclosed in Australia or any other part of the world before the priority date that it is not the same in terms of the overall impression.

Benefits of registering for industrial design protection in Australia

Registering for industrial design protection in Australia offers many important benefits to owners, including:

Exclusive rights

• Preventing Copying and Counterfeiting: An industrial design protection registration allows the owner to prevent competitors from copying or producing counterfeit goods or counterfeit goods.
• Monopoly on commercial exploitation: The owner has the exclusive right to use, manufacture, import, export and distribute products with registered designs, creating a competitive advantage in the market.
• Protection of economic interests: Protected industrial designs help owners profit from the commercial exploitation of products, and at the same time prevent infringements that cause economic damage.

Enhance brand value

• Improve prestige and quality: Products with protected industrial designs show the serious investment of businesses in quality and design, building trust and prestige for customers.
• Product differentiation: Unique and protected designs help the product stand out among competitors, attract the attention of customers, and make its own mark in the market.
• Increased commercial value: An industrial design can become a valuable intangible asset, which can be transferred, licensed, or used as collateral for borrowing.

Legal Protection

• Initiating a lawsuit for infringement: The owner has the right to initiate lawsuits for infringement of registered industrial designs, claim compensation for damages, and prevent infringement.
• Deter competitors: The registration of industrial design protection has the effect of deterring competitors, preventing them from illegally copying or using the design of the applicant.
• Protection of interests in disputes: Registration of industrial design protection provides strong legal evidence of design ownership, helping owners protect their rights in disputes related to industrial designs.

Application for registration of industrial designs in Australia

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Process for processing industrial design applications in Australia

• Application: The applicant submits the application through IP Australia’s online service portal.
• Publication and evaluation of form: After filing, the applicant’s application will be published on the Australian design database. IP Australia will then conduct a formal review to ensure the applicant’s application meets the legal requirements. This process usually takes about eight weeks.
• Response to Results: If any objections or issues are notified during the formal evaluation process, the applicant will be notified and have two months to respond. If there is no notice or the issue has been resolved, the applicant’s design will be registered.
• Registration and publication: The applicant’s design will be registered and issued a registration certificate. The registered design will then be published in full on the Australian design database.

Fees for registering industrial designs in Australia

• Application Fee: The application fee for a current design application is 250 AUD.
• Appraisal Request Fee: To conduct an appraisal of your design, the applicant will need to pay an additional fee of AUD 400.
• Registration Fee: Once the applicant’s design is approved for registration, the applicant will need to pay a registration fee, which may vary depending on the number of designs included in the applicant’s application and the term of protection chosen by the applicant (5 or 10 years). Fees of AUD 80 and above

Other additional costs:

• Renewal fee: If the applicant wants to renew his or her design protection beyond the initial 5-year period, the applicant will need to pay an extension fee. The renewal fees vary depending on the number of designs included in the applicant’s application and the renewal period (5 or 10 years).

Registration of industrial designs in Australia under the Hague Agreement

What is the Hague Agreement on the registration of industrial designs?

The Hague Agreement on the Registration of Industrial Designs (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Industrial design registration services by Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in Australia;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed in Australia on behalf of the industrial design owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Australia;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in Australia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to apply for industrial design registration in Australia, please contact Viet An Law Firm for the most effective support.