When a design application is filed, no details are publicly disclosed unless the applicant specifically requests otherwise. Unlike patent applications, which are published in full after a fixed period to prevent redundant research and investment, the details of design applications are disclosed via publication in the Design Gazette at the time of registration. Parties may further postpone such disclosure using the secret design system.

Secret design system

Unlike technical innovations, which are typically protected by patents, designs are relatively easy to imitate and steal and are also subject to fast-moving trends. Therefore, parties may wish to keep a design confidential even after its registration (eg, until they have commercialised the product).

The secret design system prevents the full disclosure of a design even after its registration, although other parties may still confirm that the design has been registered and access other bibliographic details (eg, the applicant's and creator's details and the application and registration dates) through the publicly accessible register. When using the secret design system, applicants may request to keep their designs secret for up to three years after the registration date. For multiple design applications, applicants may keep all or only some of the embodiments secret.

Recent amendment to secret design system

Until recently, the secret design system enabled parties to withhold:

  • drawings and photographs (including photographs of samples);
  • the essentials of the creation; and
  • the design description.

However, the secret design system did not enable parties to withhold their product's title or Locarno classification.

A recent amendment to the secret design system aims to offer applicants stronger protection and enable the strategic management of applications for new product designs. From 1 April 2021, where a party makes a secret design system request, it may also withhold its product's title and Locarno classification.

The following table summarises the details that may be withheld under the revised secret design system.

Details which must be disclosed

Details which may be withheld

  • The rights holder's name and address
  • Whether the design is eligible for partial or full-examination (designs in Locarno Classes 1, 2, 3, 5, 9, 11 and 19 are subject to partial examination (for further details please see "Relaxing of Enforcement Rules of the Design Protection Act from September 2020"))
  • The creator's name and address
  • The application number and date
  • The registration number and date
  • Drawings and photographs
  • The essentials of the creation
  • The design description
  • The product's title
  • The product's Locarno classification

Use of secret design system

Since 2016 more than 2,000 secret designs requests have been made per year. As shown in the following table, the number of secret design requests made in 2020 was 2,729, which is more than double that of 2014 and represents approximately 3.8% of the designs applied for in 2020.

Year

Number of secret design requests

2014

1,232

2015

1,775

2016

2,072

2017

2,100

2018

2,113

2019

2,426

2020

2,729

Applicants can make secret design system requests at any time between the application filing date and the date on which they pay the registration fee. The confidentiality period can be up to three years following the registration date and the applicant may change this period up to the three-year maximum.