Protecting Product Design
The Industrial Designs Act 1996 protects the visual or aesthetic aspects of an industrial product — its shape, configuration, pattern, ornament or any combination of these features. Unlike patents (which protect how something works) or trademarks (which protect brand identity), industrial design protection focuses on how a product looks.
For technology and consumer electronics companies in the MSC ecosystem, industrial design protection can be strategically important — protecting the distinctive appearance of products from imitation and supporting brand differentiation in competitive markets.
What the Act Covers
- An industrial design is registrable if it is new — not disclosed to the public anywhere in the world before the application date
- The design must have eye appeal — it must be a feature of a finished article that is judged solely by the eye
- Registration is made to MyIPO with visual representations of the design and a statement of novelty
- Initial protection period is 5 years from the date of registration
- Protection is renewable up to 4 times — each for a further 5 years — allowing a maximum total of 25 years of protection
- The owner has exclusive rights to use the design and to bring infringement proceedings against unauthorised copying
- Exceptions include disclosures at official exhibitions or unauthorised disclosures within six months before the filing date
What Can Be Registered
Shape, configuration, pattern, or ornament applied to an article by any industrial process — as long as it is visible in the finished article and has eye appeal.
What Cannot Be Registered
Features dictated solely by function, features of articles that are not visible during normal use, and designs that are contrary to public order or morality.
Enforcement
Owners may seek civil remedies including injunctions, damages or account of profits. Criminal penalties apply in cases of wilful infringement.