Subjects 2009
Designs Law and Practice 730894
- Credited Courses: Graduate Diploma in Intellectual Property Law 276; Master of Commercial Law 504; Master of Intellectual Property Law 277; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand and be able to apply the principles of law relating to the registration and enforcement of designs
- Understand the practice relating to the registration and exploitation of designs
- Have the ability to apply for, prosecute and maintain the registration of a design
- Understand and be able to apply the principles of law relating to the protection of designs by copyright
- Appreciate other means of protecting designs
- Understand the principles of the international protection of designs.
Syllabus
Principal topics will include:
- Registrable designs: What is a design – newness and distinctiveness
- Types of design applications
- Application and registration procedures and Designs Office practice
- Duration of registration and removal procedures
- Registration rights and their infringement
- Defences to and remedies for infringement
- Validity and infringement of designs registered under the Designs Act 1906 (Cth)
- Offences and penalties
- Ownerships, transfer and exploitation of design rights (including compulsory licences and Crown use and acquisition)
- Rectification and correction of the Register
- Artistic works protected by copyright and the designs/copyright overlap
- International conventions and the protection of designs in foreign countries.
