Visual Arts & Design:

In New South Wales, it is important that visual designers and artists understand the importance of protecting their own designs. Once registered owners possess exclusive rights of an object , this allows them the right to:

(a) Make or offer to make a product, in relation to which the design is registered, which embodies the design; and

(b) Import such a product into Australia for sale, or for use for the purposes of any trade or business; and

(c) Sell, hire or otherwise dispose of, or offer to sell, hire or otherwise dispose of, such a product; and

(d) Use such a product in any way for the purposes of any trade or business; and

(e) Keep such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d); and

(f) Authorise another person to do any of the things mentioned in paragraph (a), (b), (c), (d) or (e).

The Commonwealth legislation, the Designs Act 2003(Cth), offers protection to designers and grant’s designers of a monopoly in the creative visual features of shape, configuration, pattern and ornamentation of the design.

There are two regimes of intellectual property rights that can potentially be utilised as a measure of protection of designs including the copyright and design regimes.

Generally speaking, the intended use of the design will determine which measure of protection is most appropriate. In particular, creators considering mass-producing their artistic work or design in relation to a product must understand when they can rely on copyright protection, when they should register their work as a design, and when they have the option of both copyright protection and design registration.

At Navado we can assist our clients to understand the differences between design and copyright protection and advise on the most appropriate legal action required. We are able to assist throughout the process of registration where and if required. We endeavour to protect our clients' commercial and or individual interests and are able to offer our clients a wide range of services concerning various disciplines of law that may protect your visual design rights.

If you require assistance regarding Visual Arts and Design, you should make an appointment to see one of our Media and Entertainment Law Solicitors. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.