Security Over Registered Designs

A "design" is the original visual appearance of an article. Examples of registered designs include Ken Done sheets and Speedos. Designs may be protected through registration under the Designs Act 2003 ("2003 Act"), which replaced the Design Act 1906 ("1906 Act") with effect from 17 June 2004. The repealed legislation continues to apply in certain respects to designs registered, or applications made, prior to its repeal however the following discussion will focus on the 2003 Act.

The stated purpose of the Commonwealth Government in introducing the new legislation was to streamline the registration process and to provide for better enforcement and dispute resolution procedures, stricter eligibility and infringement tests and, finally, clearer definitions.