Creators work in many fields – such as designing and making clothes, shoes, homewares, as well as creating music, films, podcasts etc. So how do you protect these creations?
A design right protects the visual appearance of a new and distinctive product, whereas copyright protects the underlying expression of literary and artistic works.
Design rights can be a combination of visual features and may include the shape, colour, pattern, ornamentation or configuration of a product. It protects the rights of a whole product that is in a tangible, physical form, manufactured or hand-crafted and is produced on a commercial scale.
A design right can be registered for a maximum of 10 years, after that your exclusive use of the design will cease.
Copyright protects original artistic works such as books, newspapers, pictures, photographs, sketches, magazines, films, music, artworks. It is automatic and does not require any registration process or fees. It typically lasts for the lifetime of the creator plus 70 years.
Copyright can protect designs which are not yet produced on a commercial scale. For more information: https://www.copyright.org.au/
Can you use both design rights and copyright for the same product? Generally, you can’t use both design and copyright to protect the same item. However, it is possible to protect how a product works with a patent, and how it looks with a design registration.
IP rights can be complicated and it is advisable to use the services of a patent attorney to avoid costly mistakes. Need help? Contact INNOVIC on (03) 8060 3504 or www.innovic.com.au
INNOVIC can also help to get your new idea to market. Contact us to find out how.
