Design registration can also be lucrative in the long-term if you decide to
commercialise. You can sell your registered design for a one-off payment, or you
can license it to leverage ongoing royalties and increase your value over time.
Home > Design Rights
Design registration can also be lucrative in the long-term if you decide to
commercialise. You can sell your registered design for a one-off payment, or you
can license it to leverage ongoing royalties and increase your value over time.
It is clear that design registration delivers a variety of commercial benefits and
financial opportunities. However, the benefit to you of registering your design
can go even further in terms of safeguarding you from the actions of your
competitors
If a design is registered, this prevents other parties from copying the new and
distinctive visual features of that design. This safeguard is comprehensive, and to
an extent, even includes protecting future visual changes and improvements to
that design.
Design registration also augments the existing and potential patents that make
up your overall IP strategy, conferring an additional layer of valuable protection
and opportunity. In addition, if a third party uses your registered design without
your permission and your design is infringed, you can recover damages where
your sales have been detrimentally affected.
However, the protection that design registration affords you does not stop there.
Registered designs can also prevent competitors from lodging their own
registrations that may conflict with your registered design. In this way, your
registration will prevent others from attaining valuable legal protection.
Once your design is published, the registered design then becomes ‘prior art’ for the purposes of any design application that is filed thereafter. This is enormously beneficial because, subject to jurisdictions that have local ‘novelty’ requirements (for example, New Zealand), publication is at times recognised worldwide, meaning that a registered design in Australia will in many circumstances prevent a competitor from obtaining a design registration for an item with the same or a similar appearance overseas.
We will expertly manage every detail along the path to registration, and establish
a strategy that not only protects you, but also ensures that your design is
commercially viable, delivering you the highest possible returns.
We are prominent filers of registered designs, providing personalised advice that
is seamlessly aligned with your business needs. We will evaluate and innovate
your design, expertly determine protection scope, and implement a strategy that
protects you into the future while delivering ongoing commercial benefits. We are
also deeply experienced in securing and protecting designs for some of the
world’s most well-respected and known companies from across all industry
types, technologies and product categories.
Our design experts can file and prosecute design applications in both Australia
and New Zealand, and will also coordinate applications in international
jurisdictions including the Asia-Pacific, the United Kingdom, North America and
the European Union, with the assistance of our expert global IP attorney network.
Our IP attorneys also provide commercialisation advice for your design, including
strategies for assignment and licensing to ensure that you are maximising your
returns. We also offer portfolio management services, infringement and validity
advice, searching and watching services, design registration renewals and
revocations, and we manage litigation and dispute resolution processes.
Searching and monitoring is a meticulous and ongoing process that is crucial to
maintaining your protection, because it keeps you up to date on both new and
existing designs, as well as in the know about what your competitors are up to.
At Platform IP we monitor and carry out exhaustive searches of the design
register so that you can make confident business decisions with peace of mind
that you are not infringing on the IP rights of your competitors.
We also remain comprehensively informed about your competitors’ activity by
conducting regular searches for the publication of new design applications and
registrations, so that you are protected from competitor activity that has
potential to infringe on your registered design.
At Platform IP we also strategically manage your design portfolio, so that you can
be sure that the full scope of your protection is maintained over time, and that
your commercial viability is maximised now and into the future.
As part of our portfolio management service, we monitor deadlines for design
registration renewals, as well as manage payment of all of your renewal fees so
that you will never be caught out by cut-off dates. Our systems, processes and
expertise in managing this crucial aspect of your overall design registration
strategy ensure that your valuable time can be spent on managing your
enterprise rather than on time consuming, complex portfolio administration.
At Platform IP, our local and global network of industrial designers are involved at every stage of your design concept, from point of ideation to manufacturing management and support. Working closely with Platform IP, our network of designers are always in the know. They become informed of any validity and infringement concerns early-on during ideation and concept development.
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Speak to a registered attorney about protecting your idea
or brand today. Free initial consultation and advice.
Level 24, Tower Three
300 Barangaroo Ave,
Sydney, NSW, 2000,
Australia
Level 23, Tower 5,
Collins Square, 727 Collins Street,
Melbourne, VIC 3008,
Australia
©Platform®IP Patent & Trade Mark Attorneys
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