Written by Michael Coyle on 02 April 2009« Return to Reading Room
If you wish to obtain a successful registration of your design the following criteria must be satisfied. Firstly it must be novel, it must have individual character and not comprise of any prior art. Although the appearance of a design is important, the appearance factor is only in respect of novelty and individual character.
There is know requirement of eye-appeal and avoids limiting registration and consequently the development of marketing goods and services. It is also worth noting that provided your product has not been in the market-place in excess of 12 months, then novelty would not be defeated on grounds of prior art.
What can I or cannot register?
There is no limit to what the design can be applied to? This includes computer icons also. Registration may also extend to modular components and specifically packaging and get-up
The design may be applied to the whole and or part of the product but it may well be advisable to file separate applications which will increase protection and opportunity to pursue infringement. Under the old law this was not possible, whereby registration was restricted to an article of manufacture.
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