Enforceability and infringement

Proactive action against copycat designs

We provide strategic advice to clients on enforcing their designs against copy products. Our attorneys handle the preliminary stages of the process, including initial infringement assessment, and if the matter is pursued we will work with Herbert Smith Freehills Intellectual Property litigation specialists to obtain the best outcome for your situation. 

How is a design registration enforced?

If somebody infringes your registered design, you can commence proceedings in the Federal Court, as long as your registered design has been examined and certified. The outcome could be an injunction ordering the infringer to stop their infringing conduct, awarding of damages and/or an account of profits. 

Is my design registration enforceable?

A design registration is not enforceable in Australia until the registration has been examined and certified by the Designs Office.

Threats of infringement proceedings for an uncertified registered design will be considered unjustified. What’s more, an alleged infringer of an uncertified registered design can bring court action against the person making the threats. 

What does design infringement involve?

Infringement of a registered design includes making, importing, selling or hiring a product that is identical or substantially similar in overall impression to the registered design.

Parallel importation of products embodying a registered design (that is, unauthorised importation of product made with the permission of the registered owner) is permitted in Australia.

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