Under the Designs Act a person infringes a registered design if, during the term of registration of the design, and without the licence or authority of the registered owner of the design, the person:
(a) makes or offers to make a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; or
(b) imports such a product into Australia for sale, or for use for the purposes of any trade or business; or
(c) sells, hires or otherwise disposes of, or offers to sell, hire or otherwise dispose of, such a product; or
(d) uses such a product in any way for the purposes of any trade or business; or
(e) keeps such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d).
A court may grant in infringement proceedings, the relief may include:
(a) an injunction subject to such terms as the court thinks fit; and
(b) at the option of the plaintiff—damages or an account of profits.
A defendant in infringement proceedings in respect of a registered design may counter‑claim for the revocation of the registration of the design. The main ground for revocation of a design is that the design does not meet the requirements for registration of design. In this regard a design can be registered if it is s new and distinctive when compared with the prior art base for the design as it existed before the priority date of the design. A defect in the title or application process can also lead to revocation of the registration.
Design Infringement