International Design Registration

International Design Registration

An Australian registered design provides protection only within Australia.  As there is no such thing as a ‘world registered design’, you have to file a separate application in each country where protection is sought.

 

Australia is party to the Paris Convention with over 150 member countries of this treaty including all major industrial countries. Applications filed in these countries within 6 months of the date of filing a design application for the same design in Australia, will take a priority date from the filing date of the Australian application. The 6 months gives an applicant time to test the commercial viability of the design in those other countries before committing to the expense of filing foreign design applications.

 

The requirements and cost vary in each country. Let us know which country you are interested in, we will then advise you of the total costs, which include our overseas associates and the relevant government fees.

 

For more information, call us today on (02) 9233 1411 or send us an online enquiry.

Common Questions

Will my Australian registered design be enforceable overseas?

No. An Australian registered design provides protection only within Australia.  As there is no such thing as a ‘world registered design’, you have to file a separate application in each country where protection is sought. Under the Paris Convention, if you file an international application within 6 months from the filing date of your Australian design application, you can claim priority on the international application. Australis is not currently member of Hague Agreement so you cannot file one single international application through WIPO’s Hague System.

What’s the difference between Designs and Patents?

Design protection is given only in respect of the appearance of an article, whereas the article itself, its functionality or the manner in which it operates may be protected by a patent. If a product is new and has an inventive (or innovative) step, and its design is also new and distinctive, both patent and design protection is available. For example, design protection is available for the appearance of a car whereas its functionality can be protected by a patent.