In Intellectual Property (IP) Law, an original creation that is ornamental in nature or has an overall visual appearance that is new and distinctive in products is referred to as an Industrial Design.
This creation, when applied to a product or incorporated into it, gives a unique or special appearance to it that is recognisable to your brand.
Industrial Design Rights protect the visual design of products only, it is not intended to protect any technical development of a product.
Your unique creation may be classed as an Industrial Design based on its shape, configuration, outline, colour or blend of colours, texture, material or lines.
Your design may be two or three-dimensional in nature and must meet several criteria to be granted exclusive Industrial Design Rights.
Famous examples of Industrial Design include the Coca-Cola contour bottle, the shape of a Volkswagen Beetle and the Eames lounge chair.
Each of these examples demonstrates the value of protecting an Industrial Design as a component of a brand's success. All three are instantly recognisable as belonging to that brand and have aided in the marketing and establishment of a reputation long-term.
Filing a Design Rights application in Australia follows a similar process to securing a patent.
You must lodge an application with the Designs Office at IP Australia using the prescribed form and in accordance with all relevant criteria.
To ensure a smooth application process free of errors and with all proper checks performed before submission, it is best to engage an IP attorney.
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IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
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