How do I protect my design registration overseas?
Design registration and certification in Australia only provides protection within Australia. As such if you want to extend the registered design protection to overseas markets you will need to register your design in the respective countries of interest. There is no form of ‘worldwide design registration’ (although there is registration that applies throughout Europe), so design registration must be obtained separately in each country of interest. As Australia is a member of the Paris Convention, ‘convention applications’ can be made in all member countries. Where the application is made within six months of the Australian application, design protection commences as of the initial Australian application date. In Europe, a Community Design Registration enables you to seek design registration in all EU member countries under a single application, saving significant administrative time and expense.
Design Portfolio Management
As important as seeking registered design protection in Australia and other corresponding markets of interests, is ensuring that those multiple design applications from filing through to grant are managed cost effectively and efficiently. Missing a deadline throughout the process in each country of interest can at worst mean losing your design rights in that jurisdiction. Actuate IP utilises a specific database that manages the varying procedures and deadlines applicable in each country in conjunction with the advice we receive from our close network of overseas associates. We have extensive experience in developing international design protection strategies and the important administrative management of that portfolio.
HOW CAN ACTUATE IP ASSIST?
There are many strategic, practical and legal considerations when implementing an international design registration strategy, particularly given that design applications must be filed prior to any public disclosure. Additionally, design laws vary slightly between countries and it is important to be aware of any potential effects of these variations. Actuate IP’s qualified attorneys provide an expert and tailored approach to assisting with the implementation of registered design strategies and trade protection for businesses. We work with a close network of overseas trade mark attorneys in all key jurisdictions meaning we can assist you with any international design protection in an efficient way with a clear focus on achieving the right outcome.