Overview of industrial design protection in Australia
Stuart Irvine, Carl Harrap · Edward Elgar Publishing eBooks · 2024
This chapter provides an overview of registered industrial design rights in Australia. It covers procedural aspects of Australia’s registration following a formalities examination only, together with the substantive examination (certification) system required before a design can be enforced. The law concerning what constitutes a design in Australia is discussed, including the current treatment of partial designs, and graphical user interfaces and similar designs, as well as proposed reform on these topics. The requirements for validity are summarised, including the available grace periods for prior disclosure, as are the requirements for infringement. Extracts from and discussion of several significant judicial decisions are included.