Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person infringes a registered design if, during the term of registration of the design, and without the licence or authority of the registered owner of the design or an exclusive licensee, the person:
(a) makes or offers to make a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; or
(b) imports such a product into Australia for sale, or for use for the purposes of any trade or business; or
(c) sells, hires or otherwise disposes of, or offers to sell, hire or otherwise dispose of, such a product; or
(d) uses such a product in any way for the purposes of any trade or business; or
(e) keeps such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d).
Note: See section 4 for the application of this Act.
(2) Despite subsection (1), a person does not infringe a registered design if:
(a) the person imports a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; and
(b) the product embodies the design with the licence or authority of the registered owner of the design or an exclusive licensee.
(3) In determining whether an allegedly infringing design is substantially similar in overall impression to the registered design, a court is to consider the factors specified in section 19.
(4) Infringement proceedings must be started within 6 years from
the day on which the alleged infringement occurred.