Registered Designs
Designs and mātauranga Māori
Registered designs can be used to protect tradition-based contemporary designs or adaptations of traditional designs where the design gives the finished article aesthetic appeal and is applied by an industrial process. This could cover designs on articles such as textiles, carvings and weaving.
What is a registered design?
A registered design is used to protect the visual features of a manufactured article. The design can be two or three dimensional. For example, a registered design may be granted for the shape of a fork, or a particular pattern applied to a fork, but it would not be granted for designing the fork itself.
A registered design can add value to a product as, in the case of contemporary furniture for example, the design is often what makes it attractive to customers and becomes its unique selling point. This makes the design of a commercial product a potentially valuable asset worth protecting.
Protection in New Zealand is provided to designs through the Designs Act 1953.
What qualifies for registered design protection?
Designs must:
- consist of "features of shape, configuration, pattern or ornament";
- be applied to an article by an industrial process or means;
- have features which, in the finished article, appeal to and are judged solely by the eye;
- not be purely functional;
- not relate to a method or principle of construction; and
- be new or original.
What rights do you get by registering your design?
With a registered design you get an exclusive right in New Zealand to:
- import for sale;
- use in trade;
- sell or offer for sale;
- hire or offer for hire;
any article in respect of which the registered design is applied.
What does not qualify for registered design protection?
Where the design of an article is entirely a result of its function or related to a method or principle of construction, it is not eligible for registration (these aspects may, however, qualify for patent protection).
For example, a registered design would not be granted for a chair per se, however contemporary or designer-like it might appear, as this would prevent everyone else from designing chairs. What will qualify for design protection is the particular shape, or the pleasing appearance of the chair, rather than its function as a device for sitting on.
How do I register my design?
To get registered design protection, you need to apply to the Intellectual Property Office of New Zealand on the appropriate form and pay the fee.
There are a number of different application forms for different designs, and the IPONZ website indicates which of these should be used for your particular form of design.
As with other types of IP, before you apply to register a design, or launch a new product design, you should check whether anyone else has already registered the same or a similar design. The owner of a registered design can take legal action against anyone using an identical or similar design.
How do you search the new Zealand design register?
There are two ways you can search the design register:
- Search the registry on the IPONZ website; or
- Ask IPONZ to make a search (a fee is charged for this service).
Request for Information using Design Form 27 (if you have a particular registered design number you would like to inspect) or Design Form 28 (if you have a drawing or picture of the design you would like to inspect).
Request for Search using Design Form 29. IPONZ will do a preliminary check to determine whether your design, for which you must supply a drawing or picture, is the same as, or similar, to any other currently registered design.
These forms are available from the IPONZ website or the IPONZ information line 0508 4 IPONZ (0508 447 669).
How much does it cost to register a design?
To register a design it currently costs $100 (excl GST) regardless of the application form used. Please see the IPONZ website for the latest fees.
How do you show that your design is registered?
The article, or the packaging, may carry the words "Regd. NZ Design No… " to show registration. Note: it is an offence for anyone to falsely claim that they have a registered design.
How long does protection last?
A design is initially registered for five years. Renewal fees are charged at five years and 10 years from the application date. The maximum period of protection is 15 years.
Does design protection apply overseas?
Each country has different laws regarding registered design protection. To obtain protection in another country, you will need to make a separate application in that country.
Overlap between copyright and registered designs
One interesting point to note is that having produced an original work, you may also automatically have copyright protection in any design drawings you produce.
In Aotearoa-New Zealand, designers have tended to rely more on copyright protection under the Copyright Act 1994, rather than seeking to register their designs under the Designs Act. Copyright protection is considered to provide a number of advantages over registered design protection, including:
- there is no requirement to register copyright, therefore protection is automatic and immediate;
- there is no cost in obtaining protection; and
- copyright protection lasts for a longer period than design protection.
So why register?
- A registered design right can allow the owner to prevent another person from exploiting the design, whether or not the other person actually copied the design or created it independently. Copyright only protects against actual copying and infringement of the other exclusive rights.
- In some countries industrial designs are not protected by copyright, so your unregistered designs may not have protection overseas.
- The Certificate of Registration serves as evidence in Court of ownership of the design.
- The number of a registered design may be applied to the product or packaging to indicate that the design is protected.
- The filing date of a New Zealand design application may be used to establish priority for any overseas design applications.
- The costs of obtaining registered design protection are not high.
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