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ARTICLE · 06 JULY 2009

Registered Designs: An Illuminating Case!

Madderns
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Australian design registrations provide exclusive rights in the appearance of a product. While popular, the system has been criticised for the somewhat limited scope of the protection provided to the design owner.

AustraliaIntellectual Property
Phillip Boehm
Phillip Boehm
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Australian design registrations provide exclusive rights in the appearance of a product. While popular, the system has been criticised for the somewhat limited scope of the protection provided to the design owner. However, in the recent decision in LED Technologies Pty Ltd v Elecspess Pty Ltd [2008] FCA 1941, the Federal Court found in favour of a company which had sued the importers and distributors of copies of its registered designs for LED lights, despite there being visual differences between the infringing lights and those of the registered designs. The decision also shed light on a number of other important aspects of Designs law including authorship, ownership and the assessment of newness and distinctiveness of designs.

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