How to embrace the power of Design Rights?
Protecting the Look of Your Product: Why Design Rights Matter for Modern Companies
In many industries, the visual appearance of a product is just as valuable as its function. A unique shape, surface pattern, silhouette, or configuration can become a core part of a company’s identity—instantly recognisable and deeply tied to consumer trust.
Yet, countless businesses overlook the importance of protecting these aesthetic elements. Unlike patents, which protect technical features, Design Rights safeguard how a product looks. For companies developing physical products, design protection is often the hidden competitive edge that prevents copycats from eroding your market share.
What Are Design Rights in Australia?
A Registered Design protects the unique visual features of a product, including:
Shape
Configuration
Pattern
Ornamentation
Surface appearance
These features must be new and distinctive, meaning your design must differ significantly from what already exists in the marketplace.
Design Rights are ideal for products such as:
Furniture and home décor
Packaging and containers
Wearables and accessories
Tools, appliances, and equipment
Tech devices and consumer electronics
Fashion items (handbags, shoes, jewellery)
Industrial or commercial product housings
If the look of your product influences consumer decisions or differentiates you from competitors, design protection is essential.
Why Design Protection Matters More Than Ever
1. Fast Markets Create Fast Copycats
Modern manufacturing makes it easy for competitors to replicate your visual design within weeks. Without a Registered Design, you may have no legal grounds to stop them.
2. Branding Is Not Enough
A trademark protects your name or logo—not the product’s form. Two identical products can legally co-exist if only your logo differs. Design Rights fill this protection gap.
3. Investors Expect Defensibility
If you plan to license, scale, or pitch to investors, having exclusive rights to your product’s appearance strengthens your commercial leverage.
4. Designs Support Premium Pricing
Protected aesthetics allow a brand to maintain its premium positioning without being undercut by look-alikes.
5. International Expansion Becomes Safer
Design registrations can be extended to key global markets, reducing risk when entering new regions.
The Process of Registering a Design in Australia
Registering a design involves several key steps:
• Prior Art Search
Before filing, it's critical to check what already exists to ensure your design is new and distinctive.
• Application Preparation
A design application requires precise representations—photos, CAD images, line drawings, or rendered views. Accuracy is crucial because your drawings define the legal scope of protection.
• Filing with IP Australia
Your application is lodged, securing your priority date.
• Registration Phase
Most designs are registered relatively quickly, but they are not enforceable yet.
• Certification
A design must be examined and certified before enforcement. Certification is what makes your design enforceable against infringers.
Skipping certification leaves your design weak and legally unusable—something many companies learn too late.
Why Companies Choose Heptanode for Design Protection
Protecting appearance-based IP is a specialist task. At Heptanode, we assist companies in securing robust design rights through a streamlined and strategic process:
• Expert Design Searches
We examine global design registries and visually similar products to assess novelty and avoid refusals.
• High-Quality Design Representations
We prepare or refine drawings to meet strict legal standards and maximise enforceability.
• Strategic Filing & Class Selection
Ensuring your product is covered under the most appropriate Locarno classes and sub-classes.
• Design Registration, Examination & Certification
We manage the full lifecycle—including the crucial certification process—for legally enforceable rights.
• Portfolio Management for Growing Brands
Perfect for companies launching product lines, seasonal releases, or recurring design cycles.
• Fast-Track Support
We are among the few firms able to accelerate the preparation and lodgement process, ideal for time-sensitive product launches.
Whether you develop consumer products, furniture, fashion, industrial equipment, packaging, or tech hardware, securing Design Rights ensures your brand’s identity—and your competitive advantage—remains firmly in your hands.
If your company wants to protect the visual appearance of your products in Australia, Heptanode offers full design-rights services—from searching and preparing drawings to filing, certification, and portfolio strategy. We help brands, manufacturers, designers, and innovators secure the exclusive rights they need to stay competitive.
Want to know more about how to embrace the value Management at your organisation?
Contact us at 0420862228 or contact@heptanode.com
