Designs

Designs protection gives the design’s owner the exclusive right to make, import, sell or license an article to which their design has been industrially applied.

Certain new or original designs, especially those applied by an industrial process can be registered under the Designs Act 1954.

Industrially applied designs also receive automatic protection under section 75 of the Copyright Act 1994.

Registration of designs

New or original designs that comprise the features of shape, configuration, pattern or ornament which appeal to, and are judged solely by, the eye, and that are applied to an article by any industrial process or means, can be registered under the Designs Act 1953.

However, design registration cannot protect:

  • a method or principle of construction
  • features of shape or configuration applied to an article which are fundamental to its functions.

Design registration gives the owner the exclusive right to make, import, sell or license an article to which the design has been industrially applied. Exclusive rights apply for up to 15 years.

More information about registration

IPONZ is the government agency responsible for the registration of designs.

The IPONZ website has a lot of information about designs and how to protect them.

Design registration on the IPONZ website(external link)

Protection for designs under the Copyright Act 1994

Industrially applied designs are also protected under section 75 of the Copyright Act 1994. The term of protection given depends on the nature of the design. For example:

  • works of artistic craftmanship are protected for 25 years
  • other artistic works (expect a sculpture that is not a cast or pattern for an object that has a primarily utilitarian function or a work of architecture) are protected for 16 years.