Designs & Copyright
Great design is more than just appearance - it can be a key driver of market success
We help clients protect the visual features of their products through registered design rights in Australia, New Zealand and abroad. Our services cover the preparation and filing of design applications, navigating examination procedures, and enforcing your design rights against competitors.
By protecting the distinctive look of your products, we help ensure that your brand identity and creative investment remain uniquely yours. Whether you are developing consumer goods, industrial products, or innovative packaging, we provide practical and strategic advice on design protection to strengthen your market position.
Copyright protects original works of authorship such as literary, artistic, musical, and dramatic works, as well as films, broadcasts, software, and other creative materials. Copyright protects the expression of an idea (such as written text, artwork, or code), not the idea itself. In Australia, copyright arises automatically upon creation - there is no need for registration.
In Australia, the law treats the overlap between designs and copyright in a special way. While copyright generally protects artistic works, once a design is industrially applied (for example, mass-produced on products), copyright protection is limited. Instead, design registration is usually the appropriate form of protection. This means that a drawing or artwork of a product may attract copyright, but if that design is commercially manufactured, copyright protection may no longer apply and registered design rights become essential.
We advise clients on navigating this overlap to ensure that valuable creations are not left unprotected. By assessing whether copyright or design rights - or a combination of both - are the best fit, we help you secure the strongest possible protection for your creative and commercial assets.