Australia's design is subject to post-registration review system, that is, only formal review is carried out before registration, and the rights after registration are still to be determined. After the Australian design is registered, no certificate will be issued directly, and the applicant will only get the right to mark the words "registered design" on the goods using the design. Only through the substantive examination can the applicant obtain the certificate examination and clearly claim the exclusive right to his own design, including the infringement lawsuit. In addition, anyone can ask the design department to conduct a substantive review of the design, that is, the review of novelty and uniqueness. Do not meet the conditions, cancel the original registration.
In Australia, the shape, structure, pattern and decoration of products can be protected by the right of design after registration and examination and certification.
■ The relationship between registered design and copyright law and trademark law;
The design in the design law may also belong to the "works of art" protected by the copyright law. If a work of art is used in product manufacturing and put into the market, it will not be protected by copyright, but it can apply for the protection of registered designs.
According to the Australian trademark law, a shape can also be registered as a trademark, so the same shape can be protected by both a registered trademark and a registered design.