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ARTICLE · 30 APRIL 2021

Registered designs in Australia

Bennett & Philp Lawyers
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The request for examination of the design called into question the "newness and distinctiveness" of the design.

AustraliaIntellectual Property
Michael Coates
Michael Coates
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A first in Australian intellectual property law occurred without much fanfare on 12 March 2021.  On that day, His Honour Justice Greenwood handed down the decision in Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 (the "Decision"), a matter which had been heard over three days of trial from 21 May 2019 to 23 May 2019.

The first in Australian intellectual property law is that, as far as this author is aware, this was the first appeal to the Federal Court from a decision of a delegate of the Registrar of Designs that had gone on to be the subject of judicial determination. As such, the case is important primarily for setting out principles as to which party bears the onus of proof in such a proceeding.  However, the case is also useful for:

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