While designs may be protectable under copyright law, the failure to register the design of a product that is then massively produced may result in the design being unprotected or underprotected by both design law and copyright law. Our design team thus ensures that your designs are adequately protected.
What are Designs?
A Design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Through registration of your design, you will obtain an exclusive right to the design and the right to prevent third parties from using the design without your permission. The design must be new at the date of application for registration in order to obtain a valid registration. Therefore, it is important to apply for the protection before making any public disclosure of the design.
How We Can Assist You
Our firm is committed to helping you understanding your rights and provides the following services in relation to the following steps to establish a valuable registered design right:
Advising on Filing Strategy
As design rights are jurisdictional, a key consideration in developing a design strategy is securing and protecting your designs in the appropriate markets.
Before filing an application for the registration of a design, it is advisable to first conduct a search of the existing designs to ensure its registrability. We can assist you in searching and advising on potential conflicts with existing registered designs.
Filing and Registration
Copyright law may not adequately protect your designs, especially when your product has been mass produced. It may be necessary to file a design registration in order to protect your designs. We can file and prosecute design applications, both nationally and internationally for you. Registration will also facilitate commercial dealings like asset transfers and licensing. We can prepare and file design applications for you in Singapore and worldwide.
If another party makes, imports or sells a product bearing a registered design without the authorisation of the owner of the registered design, such acts may amount to infringement of the rights conferred by the registered design. In such cases, whether your registered design is the subject of infringing acts or whether you have been accused of infringing a registered design, we can represent you in any such dispute resolution procedures.