Registered Design Australia: Product Launch Checklist

You have a product ready to launch, the samples look great, and you're almost ready to show the world. But there's one question worth answering before your first public reveal: have you protected the way your product looks?

In Australia, a registered design can be a very useful form of protection for a new product's visual appearance. It's especially relevant if your product's shape, pattern, configuration or ornamentation is part of what makes it commercially valuable.

The tricky part is timing. Once your design is shown to manufacturers, retailers, investors, influencers or customers, your options can become more complicated. A little planning now can save a lot of frustration later.

What Is A Registered Design In Australia?

A registered design in Australia protects the visual appearance of a product, not the product's function or the idea behind it.

Under the Designs Act 2003, a design can cover features such as:

• The shape of a product
• The configuration of a product
• Patterns or surface decoration
• Ornamentation applied to the product
• A combination of those visual features

For example, if you're launching a new reusable water bottle, design registration might protect the distinctive shape of the bottle, the cap design and the surface pattern. It wouldn't protect the concept of a reusable bottle itself, or the technical way the lid prevents leaks.

Design applications are filed with IP Australia. If the design is registered, you get an initial 5 years of protection from the filing date. You can renew it for a further 5 years, giving you up to 10 years in total.

One practical point often surprises product businesses: registration isn't the same as certification. Your design can be registered after a formalities check, but you generally need to request examination and have the design certified before you can enforce it against someone else.

That means registration is a strong starting point, but if a competitor copies your product, you may need to take the extra certification step before sending a serious infringement letter.

Should I Register My Product Design Before I Launch?

Yes, if the product's appearance is commercially valuable, you should usually apply for design registration before launch or any public disclosure.

To be registrable, your design needs to be new and distinctive compared with designs that already exist. Publicly showing your product can affect that assessment, especially if photos, videos, catalogue images or online listings are easy to find later.

Australia now has a 12 month grace period for certain disclosures made by the designer or owner before filing. That can help if you accidentally disclose your design before applying. But it's still safer to file first.

There are a few reasons for that:

• Not every country has the same grace period, so overseas protection can be lost more easily.
• You may need clear evidence about who disclosed what, and when.
• A third party might see your product and start developing a similar version.
• Relying on a grace period can make investor, distributor or retailer conversations messier.

Say Zoe is launching a premium drink bottle in Melbourne. She shows the prototype on Instagram on 1 March, then realises she hasn't filed a design application. She may still be able to apply in Australia before 1 March the next year if the disclosure falls within the grace period. But if she wants to sell into other markets, or if a competitor starts using a similar design, she has made the path harder than it needed to be.

The better approach is simple: file before your first public marketing push, online listing, trade show or customer pre-order campaign.

How Do I File A Registered Design Application?

You file a registered design application with IP Australia, usually using drawings or images that clearly show the visual features you want to protect.

A practical filing process looks like this:

1. Identify The Product - describe the product clearly, such as bottle, lamp, chair, shoe, packaging container or device casing.
2. Decide What Visual Features Matter - work out whether you're protecting the overall shape, a pattern, a part of the product or a combination of features.
3. Prepare High Quality Images - use clear drawings, renders or photographs from enough angles to show the design properly.
4. Check Ownership - confirm your company owns the design, especially if a contractor, manufacturer, industrial designer or overseas supplier helped create it.
5. File With IP Australia - lodge the application and pay the official filing fee. IP Australia fees change, so check the current fee schedule when you're ready to file.
6. Decide When To Request Examination - registration can be useful early, but certification is usually needed before enforcement.
7. Diary Renewal Dates - renew before the 5 year point if the product is still valuable.

It's also worth thinking about overseas markets early. If you file in Australia first and later want protection overseas, you may be able to claim priority from your Australian application if you file overseas within 6 months. This timing can matter if you're planning a global launch, trade fair, international distributor pitch or import/export agreement.

If your product has several versions, be careful. A matte black version, a ribbed version and a curved-handle version may not all be covered in the way you expect. A tailored filing strategy can help you avoid leaving the most commercially important version unprotected.

Does Copyright Protect My Product Design?

Sometimes, but copyright is often not enough once a product design is industrially applied and sold commercially.

Copyright under the Copyright Act 1968 can protect original artistic works, including drawings, sketches and some 3D works. That can help with early concept drawings, product illustrations, packaging artwork and marketing images.

However, Australian copyright law has special rules for designs that are applied industrially to products. In many cases, once a corresponding design has been commercially applied to manufactured products, copyright protection may be limited. This is one of the main reasons product businesses look at registered designs instead of relying only on copyright.

For example, if your designer creates a drawing of a distinctive chair and you manufacture 2,000 chairs from that design, copyright may not give you the practical protection you expect against another chair with the same visual appearance. A registered design is usually the more direct tool for protecting that look.

Copyright can still be useful for:

• Original packaging artwork
• Website images and product photography
• Instruction manuals and written content
• Graphic elements that aren't simply the product's industrial design

The key isn't to assume that copyright will automatically protect your product in the marketplace. If the appearance of the product itself matters, check whether design registration should be part of your IP protection plan.

What Other IP Should I Protect Before Launch?

Design registration is only one part of the picture, so you should also check your brand, confidential information and any technical inventions.

Trade Marks

A trade mark protects your brand signs, such as your business name, product name, logo, slogan or sometimes a distinctive aspect of packaging. Trade marks are registered through IP Australia and can be renewed every 10 years.

If your product name will appear on packaging, online stores, social media and retailer catalogues, consider a trade mark search and application before you invest heavily in launch materials. An ASIC business name registration or company name doesn't give you the same rights as a registered trade mark.

Patents

If your product has a new technical feature or functional improvement, design registration won't protect that functionality. You may need patent advice before disclosure. Patent timing can be unforgiving, so get help early if there's a genuinely inventive mechanism, formula or technical process involved.

Confidential Information

Some launch assets should stay confidential until you're ready. That can include CAD files, supplier quotes, unreleased designs, product roadmaps, manufacturing methods and costings.

The practical issue is that product launches usually involve a lot of people: designers, factories, freight providers, photographers, retailers and marketing consultants. The more people who see the product, the more important it's to control what they can do with that information.

A good IP plan usually combines several layers: a registered design for the product's look, trade marks for your brand, copyright for creative assets, and contracts to protect confidential information and ownership.

What Should My Manufacturer Confidentiality Agreement Include?

Your manufacturer confidentiality agreement should clearly say what information is confidential, how the manufacturer can use it, and who owns the product design and related materials.

This is especially important if you're sending prototypes, technical packs, CAD files, moulds, product drawings or packaging artwork to a local or overseas manufacturer. Without a written agreement, you may struggle to stop the manufacturer using your design for another customer or keeping your tooling when the relationship ends.

At a minimum, consider a non-disclosure agreement before sharing sensitive information and prototypes. For production, a tailored product supply or manufacturing agreement is usually better because it deals with confidentiality, quality, timelines, ownership and delivery in one place.

Here is a practical outline you can use as a starting point. A lawyer should tailor it before you use it, because templates often miss product-specific risks.

1. Parties And Product Description - identify your business, the manufacturer and the products being developed or made.
2. Confidential Information - list what is confidential, including drawings, samples, specifications, files, pricing and supplier details.
3. Permitted Use - say the manufacturer can only use the information to quote, sample or manufacture products for your business.
4. No Copying Or Competing Use - restrict the manufacturer from copying, selling or supplying the design to others.
5. IP Ownership - include a clear IP assignment confirming your business owns the designs, drawings, improvements, trade marks, packaging and related IP unless you agree otherwise.
6. Tooling And Moulds - state who owns tooling, who pays for it, and what happens when the relationship ends.
7. Quality Standards - set a product specification schedule, sample approval steps, materials, tolerances, defect rules and inspection rights.
8. Orders, Delivery And Delays - cover purchase orders, lead times, shipping terms and consequences if deadlines are missed.
9. Confidentiality Period - state how long confidentiality lasts, including after the agreement ends.
10. Return Or Destruction - require files, samples and documents to be returned or deleted when requested.

If your manufacturer contributes to the design, don't leave ownership to a handshake. Put the assignment in writing so your business can register, commercialise and enforce the design later.

Your Pre-Launch Product Design Checklist

A good pre-launch checklist should help you lock down ownership, keep the design confidential and file the right IP applications at the right time.

Before you reveal your product publicly, work through these steps:

• Confirm What You Are Protecting - identify whether the value sits in the look, the brand, the function, the packaging or a mix of these.
• Check Who Created The Design - make sure your company owns work created by contractors, agencies, employees and manufacturers.
• File A Design Application Early - apply before public disclosure wherever possible, even though Australia has a 12 month grace period for certain disclosures.
• Plan For Certification - remember that you may need examination and certification before enforcing the registered design.
• Search And File Trade Marks - protect your product name and logo before printing packaging or launching ads.
• Use Confidentiality Agreements - put NDAs or manufacturing agreements in place before sharing prototypes, files or unreleased samples.
• Control Your Launch Materials - avoid posting images, videos, renders or catalogue pages until your filing strategy is settled.
• Keep Evidence - save dated design files, designer invoices, assignment documents, sample approvals and filing receipts.
• Think About Overseas Sales - if you plan to sell internationally, get advice early because overseas filing deadlines can be tight.

For Zoe's drink bottle, a sensible timeline might be: sign an NDA with the manufacturer on 2 January, file the Australian design application on 10 January, file the trade mark application for the product name on 12 January, approve the 2,000 unit production run after samples are signed off, then launch publicly on 15 February.

If a competitor releases a very similar bottle in July, Zoe is in a much stronger position. She has dated filings, confidentiality paperwork and evidence showing the design was hers before launch.

Key Takeaways

• A registered design in Australia protects the visual appearance of a product, such as its shape, pattern or ornamentation.
• Filing before public launch is usually safest, even though Australia has a 12 month grace period for some owner disclosures.
• Registration can last up to 10 years, but you generally need certification before enforcing your design rights.
• Copyright often has limits for mass-produced product designs, so don't assume it will cover the product's look.
• Trade marks, confidentiality agreements and manufacturing terms should sit alongside your design application.
• Clear ownership documents are essential if contractors, designers or manufacturers helped create the product.

If you'd like help with registering your product design, protecting your brand, or putting manufacturer confidentiality and supply agreements in place, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.