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ausip:registered-designs [2019/02/25 15:20]
jessiej_87
ausip:registered-designs [2020/03/20 15:28] (current)
125.7.106.36 Design/copyright overlap 2nd para - changed loose to lose
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 # Registered Designs # Registered Designs
  
-Designs ​are used to protect the unique and distinct appearance of mass produced products. This protects one or more aspects of the visual appearance such as pattern. Designs do not protect the materials the products are made of.  +## Designs ​in brief
- +
  
-**Video overview by Nicolas Suzor on [Registered Designs](https://​www.youtube.com/​watch?​v=AcbQ6B8I00g&​list=PLa0bKPnUKQrygyeH-viiW_85BrcICvAve&​index=1).**+A design right aims to protect the outward appearance or aesthetic appeal of a productIt covers shapes, ornamentation,​ configuration and patternDesigns differ from patents in that they cover how a product looks, rather than how it works.
  
 +To qualify for registration,​ a design must have a commercial application or use, and must be new and distinctive compared to what has gone before. Once registered, the law gives the owner the sole right to commercially use, license or sell the design. Design registration lasts for 5 years, with the opportunity to renew registration up to 10 years. ​
  
-## Designs+<WRAP center round info 60%> 
 +For designers to get protection, a design must be registered before any manufacturing starts. One-off artistic designs for things like fashion, art, and furniture will often be automatically covered by copyright law and do not require design registration unless they are mass produced (50 or more items). Once a design is mass-produced or once the owner registers for design protection, copyright in the artist design is lost. 
 +</​WRAP>​ 
 + 
 + 
 +**Video overview by Nicolas Suzor on [Registered ​Designs](https://​www.youtube.com/​watch?​v=AcbQ6B8I00g&​list=PLa0bKPnUKQrygyeH-viiW_85BrcICvAve&​index=1).**
  
-Designs are protected under the *Designs Act 2003* (Cth) (//DA//). A design protects the visual appearance of mass produced goods. To gain protection of a design, it must be registered. ​ 
  
 ## Design Definition ## Design Definition
 +
 +Designs are protected under the *Designs Act 2003* (Cth) (//DA//). A design protects the visual appearance of mass produced goods. To gain protection of a design, it must be registered. ​
  
 A design is “the overall appearance of the product resulting from one or more visual features of the product”. ((//DA// s 5))  A design is “the overall appearance of the product resulting from one or more visual features of the product”. ((//DA// s 5)) 
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 An important principle of design protection is that the courts and legislature attempt to prevent people from being simultaneously protected by both the design and copyright systems. Industrial applications of visual features are best suited to be protected by designs (as opposed to copyright). An important principle of design protection is that the courts and legislature attempt to prevent people from being simultaneously protected by both the design and copyright systems. Industrial applications of visual features are best suited to be protected by designs (as opposed to copyright).
  
-Particular designs that might be protected by copyright may loose its copyright protection if the design has been applied industrially to mass produced products. This will be discussed in more detail below. ​+Particular designs that might be protected by copyright may lose its copyright protection if the design has been applied industrially to mass produced products. This will be discussed in more detail below. ​
  
 Not all copyright protections are lost in the copyright design overlap. The copyright design overlap does not apply to flat designs such as printing on T-shirts. It only applies in visual features of the 3D product. ​ Not all copyright protections are lost in the copyright design overlap. The copyright design overlap does not apply to flat designs such as printing on T-shirts. It only applies in visual features of the 3D product. ​
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