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ARTICLE · 29 SEPTEMBER 2021

Designs Legislation Now Enacted In Australia

Davies Collison Cave
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In our previous article, we discussed the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Cth) that had been introduced into the Australian Senate to amend the Designs Act 2003 (Cth).

AustraliaIntellectual Property
Robert Finn
Robert Finn
Sanjan Srivelan
Sanjan Srivelan
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In our previous article, we discussed the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Cth) that had been introduced into the Australian Senate to amend the Designs Act 2003 (Cth) ("the Act").

The Bill has since passed both houses of the Australian Parliament, and on 10 September 2021 received royal assent from the Governor-General. Of the amendments, now enacted into law, some have already taken effect whereas others are to take effect later.

Amendments already implemented, which took effect on 11 September 2021, comprise the introduction of:

  • provisions whereby the standard of the "familiar person" applies in a comparison between a registered design and another design to assess validity or infringement of the registered design, making clear that the person (previously referred to in the Act as the "informed user") need not be a user of the product to which the registered design relates or similar products; and

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