Designs Flashcards
What is design registration for?
Visual features of an article whether 2D or 3D. There to protect wide range of goods.
What relevance does it have to Entertainment Industries?
For fashion clothing and accessories
What does design registration do for designers?
Gives exclusive rights to exploit their designs therefore providing an incentive to creative innovative product designs.
What is the patent system in relation to design law?
Give inventors exclusive rights to devices, substances, methods or processes that have a use or function.
What does design registration protect?
the visual form of masses produced articles
To do copyright or design registration?
Need to decide what is most suitable for their design based on the intended use of the design.
What are some differences between design and copyright protection?
Design registration involved formal registration process and payment of a fee and lasts 10 years whereas copyright can be automatic, is free and can last up to 70 years
What is the definition of a ‘design’ ?
Overall appearance of the product resulting from one or more visual features of the product
What is a ‘product’?
A thing that is manufactured or handmade
What are visual features?
in relation a product they include a shape, configuration, pattern and ormantation of the product. Colour as well.
What aren’t considered visual features?
the feel of a product, the materials used in the product, the case of a product that has one or more indefinite dimensions, the indefinite dimension or any pattern on it that repeats itself.
What designs can be registered?
Ones that are new and distinctive
How to decide if a design is substantially similiar
more weight has to be given to the similarities than the differences. Regard must be had to;
state of development of prior art base
features described in application
importance of a similiar component in the context of the world
What designs are not registered by law
medals, layouts for integrated circuits, Aus currency, scandulous designs.
What are scandulous designs?
one which is shocking or offensive to the public or individuals sense of propriety/morality
What is the registration prcoess for design?
an application is lodged in the form prescribed and accompanied by represenations of the design
If requirements are met application is registered
What happens if design is examined and Registar is satisfied with a design application?
a Certification of examination is issued
What happens if there are grounds for revocation in the design application process?
owner is allowed to amend - if that doesn’t solve problem, registration can be evoked. Revocation can be appealed by the Federal Court
What is the alternative to the registration of a design?
The publication of design. Deciding to publish rather than register is commercial.
What is the difference between design registration and publication?
Publication doesn’t give applicant any enforceable design rights. It does, prevent others from gaining such rights to the design as it makes it no longer new.
How long does design last for?
For five years, with the option to renew for five years. A maximum of ten years.
The right granted to the registered owner of a registered design are the exclusive rights for the term of registration to;
make/offer a product which embodies design import for sale or trade of business sell, hire, or dispose of use in any way keep to sell, hire or use authorise others to do any of the above
How is design registration infringed?
if without authority, a person makes, sells, hires or imports product, uses for trade or busness.
What is a restriction on infringement?
Infringement proceedings cannot be commenced until the design has been examined and a certificate of examination is issued
