Design services include:
- subject matter and proprietor searches
- drafting of design applications
- filing of design applications
- filing of foreign design applications
- associated litigation
Types of Designs
Under the Designs Act, a design may be classified as an aesthetic or a functional design.
An aesthetic design is defined as any design applied to any article, whether for the pattern or the shape or the configuration or the ornamentation thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof.
A functional design is defined as any design applied to any article, whether for the pattern or the shape or the configuration thereof, or for any two or more of those purposes, and by whatever means it is applied, having features which are necessitated by the function which the article to which the design is applied, is to perform, and includes an integrated circuit topography, and a series of mask works.
Accordingly, the register of designs is divided into two parts: Part A, in which are recorded aesthetic designs; and Part F, in which are recorded functional designs. Aesthetic and functional design applications may be filed for the same article.
Effect of Registration of a Design
The effect of registration of a design is to grant to the registered proprietor in the Republic, for the duration of the registration, the right to exclude other persons from making, importing, using or disposing of any article included in the class in which the design is registered and embodying the registered design or a design not substantially different from the registered design.
The information is, by its nature, brief and is not meant as a substitute for detailed legal advice. Further information can be provided upon request.