Design
A design is the overall visual appearance of an object. Registration of designs is important in protecting this type of intellectual property. Given the importance of industrial designs in driving companies in the knowledge economy, it is easy to see why the acquisition of intellectual property rights in a design is desirable. Hazan Hollander's experienced lawyers can help our clients successfully protect their designs.
We offer a range of registered design services including:
- Preparation and prosecution of design applications
- Prosecution and defence of opposition and appeals
- Advise clients on searches and the validity and
- infringement of designs
- Assist in drafting, negotiation or review of licensing and joint venture agreements and other technology transfer mechanisms
- Assist in litigation procedures in relation to infringement and validity issues.
Our specialised intellectual property lawyers practice in Australia and New Zealand , and have access to an established network of international Associates with strengths in specific technical areas. We offer expert advice and services to any foreign jurisdiction, particularly within the United States , Europe and throughout Asia .
What is a design?
Design refers to the features of shape, configuration, pattern or ornamentation which, when applied to a product, gives the product a unique visual appearance. Design law is based on a system of registration and grants an exclusive right to the registered owner to use the product, as well as to import, license, hire, sell or otherwise dispose of the design.
To be registered, a design must be new and distinctive at the date of application for registration. Designs are registered under the Designs Act 2003 which replaced the Designs Act 1906. The new Act has provided for stricter eligibility and infringement tests, and protects designs only in so far as it relates to the visual appearance of a product.
The commercial value in registering a design lies in the exclusive and legally enforceable rights you receive in respect of the design after it is examined and certified. Registration initially protects your design for five years, and registration can then renewed for a further five years.
Commercialisation
Once you've designed your invention it can be hard to know how to turn it into a lucrative commercial opportunity. Effective commercialisation strategies are essential in successfully bringing your invention to the marketplace.
At Hazan Hollander, our lawyers combine their expertise in IP law with a sound commercial knowledge to deliver the services you need to help you make the most of your invention.
We offer a range of services to assist clients with the commercialisation of their inventions, including:
- Licensing
- Joint venture agreements
- Funding agreements
- Assisting with seed capital
- Marketing agreements
- Shareholder agreements
- Partnership agreement
- Assignments and sales