Like all intellectual property rights, design registrations are territorial — an Australian design registration only protects you within Australia. A competitor in another country can freely copy the visual appearance of your product unless you have secured design protection in that jurisdiction. For businesses that export, manufacture overseas, or compete in international markets, a strategic approach to international design protection is essential.
The Paris Convention priority period
The most important deadline in international design protection is the six-month priority period under the Paris Convention. Once you file an Australian design application, you have six months to file corresponding applications in other Paris Convention member countries while claiming the benefit of your original Australian filing date.
You have six months from your Australian design filing date to file in other countries and still claim the benefit of your original filing date.
This priority right is critical because it means your international applications will be assessed as if they were filed on the same day as your Australian application. Any designs published or registered by third parties during that six-month window will not count as prior art against your application.
The six-month priority period for designs is shorter than the 12-month period that applies to patents. This means you need to make your international filing decisions relatively quickly after filing in Australia. If you miss the six-month deadline, you can still file in other countries, but you will lose the benefit of your earlier Australian filing date — and any public disclosure of the design in the interim could undermine novelty in countries that do not offer a grace period.
Filing in individual countries
For the time being, Australian businesses seeking international design protection typically need to file separate applications in each country where protection is desired. This is done through local patent and design attorneys in each jurisdiction.
While this approach involves more administrative coordination than a centralised filing system, it does offer certain advantages. Each application can be tailored to meet the specific requirements of the local design office, and your protection in each country is entirely independent — a refusal or challenge in one country has no impact on your rights in another.
The Hague Agreement
The Hague Agreement for the International Registration of Industrial Designs is an international treaty, administered by WIPO, that allows applicants to file a single design application covering multiple member countries — similar to how the Madrid Protocol works for trade marks.
Australia is not currently a member of the Hague Agreement. This means that Australian applicants cannot use the Hague system to designate Australia as a country for design protection, and an Australian design application cannot serve as the basis for a Hague filing in the way that an Australian trade mark application can serve as the basis for a Madrid Protocol filing.
Australia is not currently a member of the Hague Agreement, so international design filings must generally be made directly in each country through local attorneys.
However, Australia has committed to making reasonable efforts to join the Hague Agreement as part of trade obligations. If and when Australia accedes to the treaty, Australian businesses will gain access to a more streamlined and cost-effective route for international design protection. In the meantime, Australian applicants may be able to access the Hague system if they have a qualifying connection to a member country, such as a business establishment in the European Union or another contracting party.
Key jurisdictions for design protection
When considering international design protection, the choice of jurisdictions should be guided by where your product is manufactured, sold, and most likely to be copied. Common priorities for Australian businesses include:
- European Union: A single Registered Community Design (RCD) provides protection across all EU member states through one application filed at the European Union Intellectual Property Office (EUIPO). This is one of the most cost-effective options for broad geographic coverage.
- United Kingdom: Following Brexit, the UK requires a separate design registration. UK design registrations can be filed directly at the UK Intellectual Property Office.
- United States: The US protects designs through design patents, which are examined for novelty and non-obviousness. US design patents last 15 years from the grant date and are a strong form of protection.
- China: As a major manufacturing hub, China is a priority for many businesses concerned about product copying. Chinese design patents are granted relatively quickly and last 15 years.
- Japan and South Korea: Both countries have well-established design registration systems and are important markets for consumer and industrial products.
- Southeast Asia: Countries such as Singapore, Indonesia, Thailand, and Vietnam are increasingly important for both manufacturing and consumer markets.
Strategic considerations
International design registration involves costs in each country, so it is important to be strategic about where you file. The following factors should guide your decisions:
- Where your product is sold: Protect designs in your primary sales markets, where competitors would have the most incentive to copy your product's appearance.
- Where your product is manufactured: If your product is manufactured overseas, registering in the manufacturing country can prevent local manufacturers from producing and selling copies in that market.
- Risk of copying: Some markets have a higher risk of design imitation. Early registration in these jurisdictions provides a basis for enforcement before copying begins.
- Cost versus commercial value: Focus your design protection budget on the markets that represent the greatest commercial opportunity or the greatest risk of copying.
Prioritise design protection in markets where you sell, where you manufacture, and where the risk of copying is highest.
Coordinating design and patent protection
In many cases, a product that qualifies for design protection will also have functional features that may be eligible for patent protection. Where this overlap exists, we recommend pursuing both forms of protection to create complementary layers of intellectual property rights.
A patent protects how the product works, while a design registration protects how it looks. Together, they make it significantly harder for a competitor to create a product that avoids both sets of rights. This dual approach is particularly valuable when taking your product into international markets.
When planning international filings, keep in mind that the priority periods differ: 12 months for patents and six months for designs. This means your design filings will need to be actioned sooner than your patent filings, and the two timelines should be coordinated as part of a single international IP strategy.
Get expert guidance
International design protection requires careful timing, strategic country selection, and coordination with your broader intellectual property portfolio. The six-month priority deadline means that decisions need to be made relatively early in the process.
To learn more about design protection in Australia, see our guides on how to protect your design and the design application process.
If you are considering international design protection, contact Patentec for a complimentary consultation. We can assess your design, recommend the most appropriate jurisdictions, and coordinate your international filings to maximise protection within your budget.