About the Cease and Desist Template Letter for Design infringement Australia

Are other businesses copying your product designs? Protect your work with confidence using our ready-to-customise Cease and Desist Letter for Designers Bundle, created by Australian legal experts and trusted by designers, product creators, and small businesses nationwide.

This downloadable template bundle includes:

• A Cease and Desist Letter for Registered Designs (under the Designs Act 2003 (Cth)); and

• A Cease and Desist Letter for Unregistered Designs, supported by copyright, misleading conduct, and passing off claims.

Whether you’ve registered your design with IP Australia or you’ve invested time and creativity into your original work without registration, this bundle gives you the tools to take immediate action.

What’s Inside:

• 2 x professional cease and desist letter templates (Word format)

• 2 x Undertaking templates for infringers to sign

• Easy-to-follow instruction sheet (explaining design rights, enforcement options, and how to complete and send the letters)

• Designed for compliance with Australian IP law, copyright law, and the Australian Consumer Law

Perfect for:

• Furniture designers

• Toy and children’s product creators

• Product-based small businesses

• Surface pattern and CAD designers

• Branding-led businesses seeking to stop copycats

Why you’ll love it:
✔ Drafted by a trained lawyer.
✔ No legal jargon. The letters are in clear, plain English style
✔ Ready to customise

General information about designs

What is a Registered Design?

A registered design refers to a design registered under the Design Act. When a design is registered, the registration (once granted by IP Australia) protects the visual appearance of a product, not its function. Under the Designs Act, registration gives the owner the exclusive right to use, license or enforce the design for the registration period.

You can only enforce a registered design after it has been certified by IP Australia, which involves an examination to assess its newness and distinctiveness.

What is an Unregistered Design?

In Australia, unregistered designs are not protected under the Designs Act. However, enforcement of your designs may still be possible under:

• the Copyright Act 1968 (Cth) (for artistic elements like 2D drawings or CAD files),

• the Australian Consumer Law (misleading or deceptive conduct),

• passing off at common law (if your branding and reputation are being misused).

How to Use This Template Bundle

1.     Choose the correct letter based on whether your design is registered or unregistered.

2.     Complete the letter:

o   Insert your business name and design details.

o   Add a summary of the infringing product(s), including website links or screenshots.

o   Update the deadline and contact details.

3.     Review carefully before sending. Cease and desist letters can escalate a situation quickly. If unsure, seek the assistance of a lawyer (we are happy to refer you to someone as we provide legal information and templates only and do not offer legal services).

4.     Send the letter by email and/or post, and retain a copy with proof of delivery.

5.     Monitor compliance with the demands listed in the letter and be prepared to take further action if necessary.

Disclaimer

Ready to Boss Legal is a legal publisher. We are not a law firm and you acknowledge that by purchasing, downloading and customising this template, Ready to Boss Legal is not acting as your lawyer or providing you with legal advice.

This template is legal information only and should not substitute for or constitute professional legal advice. We recommend you consult with a lawyer for legal advice, noting Ready to Boss Legal is a legal publisher and not a law firm.

All copyright in this document belongs exclusively to Ready to Boss Legal. We grant you a one use non-exclusive, royalty-free, revocable license to use this document for the purposes of using it in your business or for personal use. However, this document may not be copied, given to a third party, re-sold, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you for any purpose that may amount to competition with Ready to Boss Legal.