Our Design team recognises registered designs (or design patents in other countries) as an often undervalued aspect of many IP portfolio strategies. Yet, designs are an incredibly important aspect. Of note, registration of a design in Australia protects the product for up to ten years. This includes a product’s shape, colour, configuration, pattern or ornamentation.
We help our clients to build and manage their design portfolios in Australia and New Zealand. Importantly, we draw upon our established global network of trusted intellectual property associates. This helps us to obtain design protection around the world. Moreover, filing for registration of an Australian or New Zealand design can assist in gaining global design protection. This is because most countries offer a six-month priority period to file overseas upon filing in Australia or New Zealand.
We offer a range of design-related services, including:
- general advice and strategies regarding protection of designs of new products
- preparing, lodging and prosecuting designs applications for registration in Australia and New Zealand
- drawing upon our established networks to obtain design protection overseas
- design portfolio management and renewal of design registrations
- enforcement of design rights. Firstly, providing infringement advice, drafting cease and desist letters. And secondly, initiating court proceedings where appropriate
- advising on commercialisation and market strategies.
Our clients may not realise that a single commercial product can be protected by various forms of intellectual property. Firstly, we assist our clients in patent protection of the functional or technical aspects of a product. Secondly, branding and reputational aspects may be given trade mark protection. Lastly, we gain design protection for the visual features of a product.
Remember, for many jurisdictions including Australia and New Zealand, it is vitally important to ensure that your product design has not been shared publicly before applying for design registration. This is due to valid design protection only being certified in respect of new designs. That is, they have not been previously published.
FAL IP is backed by FAL Lawyers, an Australian law firm internationally recognised as at the forefront of technology commercialisation. FAL Lawyers have experience in negotiating licensing and commercialisation deals in industry sectors, from biotechnology and agribusiness to mining and defence.
For more detail on how FAL Lawyers can assist, see www.fal-lawyers.com.au.
