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Registered designs
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The 2003 Designs Act significantly changed the designs registration and enforcement system. Phillips Ormonde & Fitzpatrick worked with the Officials in the development of this system which came into force on 17 June 2004.
Under the Design Registration system, we can assist you to derive a competitive edge from your investment in new product designs. The system enables registration for new designs for visually distinct features of products. As the owner of a registration for such a design, you will have a basis for preventing competitors from making unauthorised use of your registered designs. In many instances, design registration provides the only basis for this.
Registration of a design can force your competitors to invest their own time and money in creating their own, non-infringing designs. This can give you additional time in which to establish your products in the market. Also, it can leave you free to capitalise on market acceptance for your distinctive products. This can provide an ongoing advantage to your business, based on your creative endeavours. PO&F has a long history in guiding clients on how best to seize this competitive edge.
As with most intellectual property protection it is difficult for clients to differentiate between the quality of work of various services providers. It may not be until a design registration is tested by the courts that the quality or otherwise of the registration is made known. Court procedures in relation to design matters are rare. However, PO&F and itsa associated litigation team PO&FL are currently seeking to have in excess of 20 design registrations expunged from the register. Also, we at PO&F and POFL have been successful in obtaining favourable judgements in court proceedings involving infringement of our clients' registered designs. This exposure at the sharp end of the design system has honed our skills to ensure that the protection we secure for our clients is appropriate to their needs.
One important aspect which is critical to the strength of the registration is the accuracy of the illustrations. If the illustration does not accurately represent the design, then the client may be left with inappropriate protection. Whilst this may seem fundamental, we have our own in-house draftsman which enables a close and immediate working relationship with our patent attorneys to ensure provision of accurate drawings. With more than 45 years experience, our draftsman has developed special expertise in drafting drawings for design and patent applications, both for Australia and overseas countries.
PO&F has a broad client base servicing clients from a range of industries including automotive, building products, packaging, housewares, medical products, electrical goods and locks. Those clients include Holden, Lockwood, Nylex, Coca-Cola, Tupperware, ACI Packaging, Rocla, Pilkington, Motorola and McPhersons. You don’t retain clients of this calibre unless you are a leader in the field. Those clients have elected to use us, why don’t you?
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