Design is a form of intellectual property right concerned with the visual appearance of articles which have commercial or industrial use.[1][2] The visual form of the product is what is protected rather than the product itself. The visual features protected are the shape, configuration, pattern or ornamentation. A design infringement is where a person infringes a registered design during the period of registration. The definition of a design infringement differs in each jurisdiction but typically encompasses the purported use and make of the design, as well as if the design is imported or sold during registration. To understand if a person has infringed the monopoly of the registered design, the design is assessed under each jurisdiction's provisions.[3] The infringement is of the visual appearance of the manufactured product rather than the function of the product, which is covered under patents. Often infringement decisions are more focused on the similarities between the two designs, rather than the differences.
Industrial Education Magazine Extract: Mahogany tip-top table from Portland, Maine. Made about 1800. Owned by William Gerrish Esq. of Saco, Maine.
^Fitzgerald, Anne (2015). Introduction to Intellectual Property. Thomson Reuters. p. 83. ISBN 9780455233710.
^"Designs examination, infringement and enforcement". Phillips, Ormonde, Fitzpatrick Intellectual Property.
^Stephens Lawyers & Consultants. "Changes to Australian Designs Law" (PDF). Stephens Lawyers & Consultants.
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