Designs Act 1906

New and original requirement

• The design must be new and original when you apply
• It cannot be identical or an obvious adaptation of something already published or used in Australia
• However, showing it at an official exhibition or using it privately (secret use) doesn't destroy novelty

International protection

• If you file in a Convention country (e.g., UK, USA, EU), you can claim priority in Australia within 6 months
• This means your Australian application counts as being filed on the same day as your foreign application

What happens if someone copies your design?

You can sue for infringement in court. Remedies include:

• Injunctions (court orders to stop the copying)
• Damages (compensation for lost sales)
• Account of profits (the money the infringer made)

Note: If the infringer didn't know the design was registered and took reasonable steps to check, they might not have to pay damages.

Special rules for the Government

The Commonwealth or States can use registered designs for government services without infringement, but must usually pay compensation (agreed between parties or set by a court). The Governor-General can also acquire designs for national defence purposes.

Administration

• Designs Office: Handles applications and maintains the Register of Designs
• Registrar of Designs: Head of the office who examines applications and decides on registration
• Public register: Once registered, your design drawings are open to public inspection

Why this matters

If you manufacture products with distinctive visual features—furniture, clothing, electronics, packaging—this Act lets you stop competitors from making look-alike products. Without registration, you generally cannot stop others from copying the shape or appearance of your articles.