Design infringement attorneys
Dedicated and highly qualified design rights attorneys, offering expert advice and guidance for individuals and businesses seeking to pursue and defend design rights.
A product infringes a registered design if it is identical to the design or substantially similar in overall impression, whether or not it was copied. However, infringement proceedings cannot start until the design has been examined and certified, and a threat made before certification is treated as unjustified.
Whether you are enforcing a design or have received a letter of demand, the first step is to check the registration’s status and compare the product with what was actually registered. A patent attorney can assess both and advise on the strongest next step.
What is design infringement?
Design right infringement refers to any behaviour that sees a third party make, sell, hire or import a product that is identical or substantially similar to a registered design without authority to do so.
Essentially, design infringement involves someone profiting financially from another’s intellectual property (IP) through use of and sometimes theft of their registered design rights.
Similar to patent infringement, design infringement in Australia, whether intentional or unintentional can have far-reaching legal and financial consequences for all parties involved.
Design right infringement is typically resolved through a cease and desist letter or mediation but may also involve court-based litigation.
Why dealing properly with infringement of design rights matters
If you have discovered that your design rights have been or are continuing to be infringed upon or have been accused of infringement, immediate action is essential.
Improper management of infringing behaviour against your design rights could see you severely impacted through loss of revenue and reputation. Likewise, if you have inadvertently infringed on another’s rights, this could see you facing extensive fines or even jail time.
No matter which side you find yourself on, enforcing your rights or refuting false claims of infringement is vital. Not only can it help to deter future events of the same nature, but it also ensures you are the only one to benefit from your valuable IP.
Can I defend against design right infringement without assistance?
It is possible to defend against infringement without assistance, however, registered design rights infringement incidents can be overwhelming and complicated to navigate. Due to this, managing these occurrences on your own is something we advise against.
Understanding design rights is complicated and requires detailed knowledge of the relevant legislation. If you are not familiar with this legislation you are likely to do more harm to your position by trying to act on your own without an IP attorney.
Errors in paperwork or employing an incorrect procedure to deal with the infringing party will make it harder to uphold your rights and cause delays in rectifying the situation.
Proving your rights, giving swift and legally binding orders and being able to confidently defend your position are all best achieved with the professional assistance of an IP attorney.
How a design rights attorney can help
A patent attorney specialising in design rights is expertly trained to assist in all aspects of design rights.
From preparing a design rights application and seeing it through to its granting, to defending against its misuse, a patent attorney specialising in design rights is capable of guiding you through it all.
Able to assess claims of infringement, whether made by you or against you and form a robust defence, engaging a patent attorney specialising in design rights can significantly reduce the stress associated with infringement.
No matter how involved or straightforward the infringement on your design rights may be, working with a patent attorney specialising in design rights is the best way to achieve your desired outcome.
Book your free consultation
Submit a form enquiry below and our friendly attorneys will be in touch as soon as possible.
Our process
We guide you through every stage of the design registration process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled patent attorneys
Offering decades of combined experience across all areas of design rights, IP Guardian is the team you can rely on to protect your IP.
With a demonstrated history of successfully defending design rights against unauthorised use, our unmatched advice and service ensure your rights are upheld and your interests accounted for.
Whether you are seeking advice on suspected infringement or have clear evidence of your rights being breached, we can assist.
Dedicated and professional in our approach we work to resolve all your concerns as quickly as possible and without unnecessary stress.
Committed to the provision of affordable and accessible legal advice, we support everyday Australians to retain and enforce their design rights without ever compromising on service or outcomes.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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