#5: Understanding design rights

What is a design right, and when should you consider one? This podcast episode explains design protection, why timing matters and differences from copyright.

In this episode, designs examiners Laura Majer and Euan Bowen from IP Australia join host Lisa Cohen (Director of Public Education) to explore the fundamentals of design rights and why they matter for businesses that design, manufacture or sell physical products.

You'll learn what design rights protect, who should consider them, and how they fit within a broader intellectual property (IP) strategy alongside trade marks and patents.

The discussion highlights the importance of planning early, keeping designs confidential before filing, and understanding how registered designs can become valuable assets that help deter copycats, attract investment and strengthen a business's competitive position.

Drawing on their experience as designs examiners, Laura and Euan also unpack common misconceptions about design rights, including the role they can play when copyright may not provide the protection business expect.

In this episode, we explore:

(01:55) - what design rights do and do not protect

(04:29) - who should consider design protection and when it may be relevant

(06:48) - why timing matters and the risks of disclosing a design too early

(10:11) - the importance of confidentiality agreements when working with manufacturers and suppliers

(12:59) - how design rights can support investment and form part of a broader IP strategy

(15:42) - why design-led businesses are particularly vulnerable to copying

(17:53) - common misconceptions about design rights and copyright

(22:22) - the value of searching existing designs before investing in a new product.

Further reading:

• Design rights factsheet
• Design rights case studies
• Design rights timeframes and fees
• Deterring dupes article
• A unique design sets you apart – protecting it keeps you ahead
• IP infringement

Tools to explore:

• Australian Design Search
• Designs Examiners' Manual
• Choosing the right IP tool
• Non-disclosure contract generator
• IP Australia First Response
• Trans-Tasman IP Attorneys Regulation
• Get a free consultation with IPTA

For general enquiries, call 1300 651 010 or email outreach@ipaustralia.gov.au.

Disclaimer: The content shared in this podcast is intended only to provide generalised information about intellectual property principles, and is not to be taken as legal, business or other professional advice. We do not accept legal responsibility regarding the accuracy and reliability of the information provided, and if you require guidance specific to your situation, you should consider seeking professional advice.