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ARTICLE · 16 DECEMBER 2013

Designs Act: Fencing off an infringer

Phillips Ormonde & Fitzpatrick
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The Federal Court of Australia recently handed down its decision in Gram Engineering Pty Ltd v Bluescope Steel Ltd [2013] FCA 508.

AustraliaIntellectual Property
Karen Spark
Karen Spark

The Federal Court of Australia recently handed down its decision in Gram Engineering Pty Ltd v Bluescope Steel Ltd [2013] FCA 508. This case is of particular interest because the design in question was registered under the Designs Act 1906, and thus the relevant issues were determined under the old law. This case is also a reminder of the considerable number of old Act design registrations remaining on the Register, despite the commencement of the new Act1 in 2004.

Background

Gram Engineering Pty Ltd (Gram) has been manufacturing and selling steel fencing panel sheets in Australia for many years. Gram sells its fencing panel sheets in direct competition with the respondent, Bluescope Steel Limited (Bluescope). Bluescope was formerly a division of BHP Biliton Limited.

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