Designs
A partner at your firm needs to get up to date with her Designs law and particularly with matters relating to design infringement. She needs you to find decisions for her and to summarise their contents.
Find the most recent case (as at 20 November 2015) in which a judge of the Federal Court, sitting alone, has decided an infringement action under the Designs Act 2003. [Note that the answer to this question is not known at the time this assignment is being set.]
- State its name and citation details according to the AGLC rules. 3 marks
- In no more than 30 words indicate what the decision concerning the design infringement allegation was (ie the outcome of the decision for the plaintiff) and the basis on which the decision was made. 5 marks.
The partner researching Designs law also gives you another task to do.
A client of hers filed a design application on 4 June 2013 in Australia, following all the correct procedures. Prior to this the client had filed the same design application in Venezuela, on 15 May 2013, again following all the correct procedures. This client thinks that the design protection has been infringed by an action that occurred in Australia on 28 May 2013.
Assuming that design protection begins at the ‘priority date’, will this alleged infringement have occurred during the protection period in Australia? (List each step of your reasoning and, for each step in the list, the legislative provisions or other facts that have given the answers to your questions.)
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