What is a Design? The law defines design as the overall appearance of a product – the shape, configuration, pattern or ornamentation which gives a unique appearance. It must be both new and distinctive. The design of a product is one of the key features
of its success. The safeguarding of such an integral part of your enterprise means your design needs to be registered. ONE IP INTERNATIONAL PTY LTD provides full-scale services in relation to every step of the process required to file your Design,
both domestically within Australia and throughout the world on an international basis. Important Considerations about Registered Designs Design registration is a critical step in protecting your IP rights from the outset of the design process. In
registering your design, you are sanctioned the exclusive right not only to use it yourself, but also to license it to others or to sell it. The rights conferred by registering your design provide very effective protection in the marketplace, establishing
your ownership of the intellectual property. You may enforce the rights conferred by registered designs for commercial purposes, either directly in the product’s market environment or in relation to third parties using your design. A design registration
is valid for up to five (5) years and can be renewed thereafter. ONE IP INTERNATIONAL PTY LTD offers a range of protective services for your design, both preventative and responsive including: Preventative action Prior art searches for similarity/
identity of design and detailed result analysis Design Portfolio strategy, advice and planning Registered Design administration and registration (national and international registrations in 54 countries) Draft tailored list of goods and relevant ‘Locarno’
classes Licensing support e.g. license contracts and sale negotiations Responsive action Respond to office actions and design opposition proceedings Defend client’s and oppose competitor’s design e.g. oppositions, appeals and invalidations Advice
on infringement and validity Respond to refusals of registration (Pre)-Litigation support REGISTERING DESIGNS ONE IP INTERNATIONAL can apply for your Design both domestically within Australia and internationally, including territories such as China,
the European Union, New Zealand, the Philippines, Singapore, the United Kingdom, and the United States. In order to begin the process, all we require from you is images of your Design and the complete list of countries you’d like the Design filed
in. Once we’ve filed your Design, the Design Office will check whether your Design meets all the formalities it’s required to in order to be registered. If it does meet the formalities, then your Design will be issued a Certificate of Registration
and will have the status of being registered. Registering your Design has many positive effects, including the ability to protect the visual appearance of your particular Design and have the exclusive rights to its commercialization. However, for
many people, registration alone will be insufficient in enforcing your Design against its use by other people. If you want to be able to enforce your Design with a legal basis, then you also need to apply for examination. APPLYING FOR EXAMINATION
OF DESIGNS If your Design has been successfully registered, then the next step (which is optional, but is recommended to protect your Design further) is to apply for examination of your Design. Examination is a process that sees the Design Office
decide whether or not your Design is new and distinctive. If it ticks both of these boxes, then your Design will be issued a Certificate of Examination, and will hold the status of being certified. The impact of this additional step means that now,
you’re able to enforce your Design against other individuals if they use it without your permission. Certification is the highest level of protection achievable for your design. If you’re unsure as to the level of coverage and protection your Design
requires, talk to our team at ONE IP INTERNATIONAL and we can evaluate this with you further. RESPONDING TO DESIGN EXAMINATION REPORTS After applying for examination of your Design, the Design Office has the option of either accepting or provisionally
refusing your Design. A decision for provisional refusal may be based on the failure of your Design to meet the criteria for examination, which is that the Design must be new and distinctive. If your Design is accepted, then the Design will be issued
a Certificate of Examination granting certification. If, however, it is provisionally refused, then the Design Office will issue a Design Examination Report which lists the reasons for provisional refusal. If you have received a Design Examination
Report, our team at ONE IP INTERNATIONAL can work with you to provide you with a list of options, and our recommendation as the best option to progress with in view of overcoming the provisional refusal. Once you’ve been able to evaluate the options
we present you with and have selected one, we will execute that option on your behalf, managing the complete process of working with the Design Office to move your Design from provisional refusal through to acceptance and certification. RENEWING DESIGNS
Once a Design has been registered, it will remain registered for five years. After this time, the Design must be renewed in order to maintain its registration and certification status. Designs can only remain registered for a total of 10 years overall.
We can work on your behalf to renew your Design for you, keeping it registered for another five years. If you choose not to renew your Design, we can also discuss the consequences of this with you to ensure you have full oversight of your IP protection
and limitations as a result. WE LOOK FORWARD TO HEARING FROM YOU!