An intellectual property right that confers a limited monopoly on the visual appearance of a product such as features of its shape, configuration, pattern or ornamentation. Design protection does not extend to the functionality or concept embodied in the product. Such attributes of a product may be protected by other forms of intellectual property (IP) such as a patent or copyright, if they qualify for such protection. Depending on the circumstances, a design owner may also rely on trade mark laws, passing off and the Australian Consumer Law to protect their designs.

In Australia, to obtain design protection you must make an application to IP Australia to register the design in relation to a product or class of product. Only once the design application has been examined, certified and granted, can a registered design owner enforce their rights against an infringer. The design monopoly obtained on registration is the exclusive right to exploit (deal commercially) with the design or a design that is substantially similar in overall impression. Design protection is territorial and a design owner must apply for protection in jurisdictions overseas where required.

Australia does not recognise an unregistered design right. Instead, a design owner needs to rely on copyright protection prior to registration for their drawings, illustrations, diagrams, models or similar depictions of the design. 2D designs enjoy both copyright and design protection, even once a design is registered, while certain 3D designs lose copyright protection once the design is registered. As a result, a design owner needs to choose whether copyright or registered designs best suits their circumstances.

For further information, see Practice notes: