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‘new and distinctive’ – ss16-19 DA

(i)

‘New’ – compared to prior art base – s16(1) DA

(ii)

‘Distinctive’ – substantially similar in overall impression – s16(2) and s19 DA

(iii)

Certain things to be disregarded – s17 DA

(iv)

Earlier use or publication of design as an artistic work – s18 DA

Designs excluded from registration – s43 DA and Reg 4.06 of Designs Regulations 2004

(RR 2005 at 558-559)

(2)Outline of process of registration

RR 2005 at 559-568

(3)Ownership
Who is entitled to seek registration – s13 DA
Ownership of registered design – s14 DA
Exclusive rights of registered owners – s10 DA
Assignment of interest in design – s11 DA
Term of registration – s46 DA

(4)Infringement

Who may bring proceedings – s73(1) DA
When may proceedings be brought – s73(3) DA
Where may proceedings be commenced – s73(2) DA
Infringement by doing any exclusive rights of registered owners – s71 DA
Extends to designs ‘substantially similar in overall impression’ – s19 DA
Will it be easier for a Court to apply the new Act test compared to old Act test (fraudulent or obvious imitation)?
Counterclaim for rectification of Register – s74 DA

(5)Spare parts defence – s72

(6)Remedies

Remedies under s75(1) DA

Defendant’s innocence and reasonable care – s75(2) DA

Additional damages – s75(3) DA

Importance of packaging – s75(4) DA

Relief from unjustified threats – ss77-81 DA

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