Managing design

For design to provide the profitability, customer satisfaction, competitive advantage and return on investment that is possible, it has to be given a high priority, no matter how large or small the firm is.  Design has to be effectively managed, and embedded into all aspects of the firm’s activities.

Effective design requires a process that thinks from the user’s perspective, searching deeply to identify the potential users’ real problems or requirements and identifying ‘unstated needs’ and connecting with ‘non-customers’.  Businesses are finding that design thinking can be applied to all aspects of the business, not only products or services but also how they are delivered, supported and promoted.

The ability to integrate and manage design creates more discerning clients, more certainty of product or service success, and higher value relationships that contribute to improved profitability and return on investment.

How to protect a design

The Australian Designs Act 2003 defines design as the overall appearance of a product.  The visual features that form the design include the shape, configuration, pattern and ornamentation which, when applied to the product, give it a unique appearance.  A design must be able to give a physical appearance to an object. The object may be two dimensional, as in textile material, or three dimensional.  A graphic element itself cannot be considered to be a design unless it is applied to an object.

The Designs Act allows you to register and protect your design which may make it a valuable commercial asset.  Registration of a design gives the owner protection for the visual appearance of the product but not the feel of the product, what it is made from or how it works.

To be registrable, a design must be new and distinctive. ‘New’ means the identical design (or one very similar) has not been publicly used in Australia nor has it been published in a document within or outside Australia.  A design is ‘distinctive’ unless it is substantially similar in overall appearance to other designs already in the public domain.

IP Australia provides information on how to search to test if your design is unique, how to register a design and where you can access advice and assistance when making a design application: http://www.ipaustralia.gov.au/designs/what_index.shtml

Links to subsections of this topic

Why is design important?
Managing design
Case studies
Programs and Services