Designs

Question 1

What is design registration for?

Answer 1

Visual features of an article whether 2D or 3D. There to protect wide range of goods.

Question 2

What relevance does it have to Entertainment Industries?

Answer 2

For fashion clothing and accessories

Question 3

What does design registration do for designers?

Answer 3

Gives exclusive rights to exploit their designs therefore providing an incentive to creative innovative product designs.

Question 4

What is the patent system in relation to design law?

Answer 4

Give inventors exclusive rights to devices, substances, methods or processes that have a use or function.

Question 5

What does design registration protect?

Answer 5

the visual form of masses produced articles

Question 6

To do copyright or design registration?

Answer 6

Need to decide what is most suitable for their design based on the intended use of the design.

Question 7

What are some differences between design and copyright protection?

Answer 7

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

Question 8

What is the definition of a ‘design’ ?

Answer 8

Overall appearance of the product resulting from one or more visual features of the product

Question 9

What is a ‘product’?

Answer 9

A thing that is manufactured or handmade

Question 10

What are visual features?

Answer 10

in relation a product they include a shape, configuration, pattern and ormantation of the product. Colour as well.

Question 11

What aren’t considered visual features?

Answer 11

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.

Question 12

What designs can be registered?

Answer 12

Ones that are new and distinctive

Question 13

How to decide if a design is substantially similiar

Answer 13

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

Question 14

What designs are not registered by law

Answer 14

medals, layouts for integrated circuits, Aus currency, scandulous designs.

Question 15

What are scandulous designs?

Answer 15

one which is shocking or offensive to the public or individuals sense of propriety/morality

Question 16

What is the registration prcoess for design?

Answer 16

an application is lodged in the form prescribed and accompanied by represenations of the design
If requirements are met application is registered

Question 17

What happens if design is examined and Registar is satisfied with a design application?

Answer 17

a Certification of examination is issued

Question 18

What happens if there are grounds for revocation in the design application process?

Answer 18

owner is allowed to amend - if that doesn’t solve problem, registration can be evoked. Revocation can be appealed by the Federal Court

Question 19

What is the alternative to the registration of a design?

Answer 19

The publication of design. Deciding to publish rather than register is commercial.

Question 20

What is the difference between design registration and publication?

Answer 20

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.

Question 21

How long does design last for?

Answer 21

For five years, with the option to renew for five years. A maximum of ten years.

Question 22

The right granted to the registered owner of a registered design are the exclusive rights for the term of registration to;

Answer 22

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

Question 23

How is design registration infringed?

Answer 23

if without authority, a person makes, sells, hires or imports product, uses for trade or busness.

Question 24

What is a restriction on infringement?

Answer 24

Infringement proceedings cannot be commenced until the design has been examined and a certificate of examination is issued

Question 25

What the remedies for design infringement

Answer 25

an injunction or damages/account of profits

Question 26

Why may a court refuse damages for design infringement?

Answer 26

at the time of infringement, the defendent was not aware that the design was registered and had taken all reasonable steps to ensure that was the case

Question 27

Copyright or design protection may be lost in what ways;

Answer 27

unless dual protection is possible

upon industrial application of an unregistered design