Section 11ZA

Question 1

What are the grounds for design invalidity?

Answer 1

a) Design does not relate to recognised product under S1(2)
b) design does not have novelty or individual character or falls under statutory exclusions
c) any ground of refusal listed in Schedule A1
d) does not have novelty or individual character over previous RDA or CDR (regardless of whether publicly available at application date)
e) entitlement
d) where design incorporates instinctive sign and rights holder objects
e) where design incorporates copyright and rights holder objects

Question 2

What is listed in schedule 1A?

Answer 2

Emblems eg Olympic symbol