Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe following is a simplified outline of this Chapter:
This Chapter sets out matters relating to design rights.
Part 2 specifies the exclusive rights of the registered owners of a registered design.
Part 3 specifies:
(a) who is entitled to be registered as the owner of an unregistered design; and
(b) who is the registered owner of a registered design.
Part 4 defines the key concepts of registrable design , newness , distinctiveness and substantial similarity . These concepts are important because:
(a) in examining a design under Chapter 5, the Registrar must decide whether it is new and distinctive when compared to the prior art base; and
(b) in deciding whether a person has infringed a registered design under Chapter 6, a court must consider whether the allegedly infringing design is substantially similar in overall impression to the registered design.