Industrial Designs Law in Norfolk Island (Australia)
Norfolk Island, an external territory of Australia, does not have its own industrial design legislation. Since 1 January 2022, the island has been under the jurisdiction of Queensland for state-based services, including intellectual property matters . Therefore, industrial design protection on Norfolk Island is governed by Australian federal law, specifically the Designs Act 2003 and the Designs Regulations 2004.(Wikipedia)
Industrial Design Protection in Australia
Under the Designs Act 2003, an industrial design is protected in Australia if it is:
New and distinctive: The design must not have been publicly disclosed before the filing date.
Visually distinctive: The overall appearance of the product must be new and not substantially similar to existing designs.
Protection is granted through a two-step process:
Initial Registration: Upon filing, the design is registered, granting the holder exclusive rights to use the design.
Certification: To enforce the design rights in court, the design must be certified, which involves a substantive examination to confirm its compliance with the legal requirements .(Wikipedia)
Duration of Protection
The initial term of protection for a registered design in Australia is 5 years, with the possibility of renewal for an additional 5 years, totaling a maximum of 10 years .
International Protection
Australia is a member of the Hague Agreement Concerning the International Deposit of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This agreement allows designers to register their industrial designs in multiple countries through a single application .
Enforcement
Design rights in Australia can be enforced through the courts. The Federal Court of Australia has jurisdiction over design infringement cases, and the Supreme Court of Queensland would have jurisdiction over matters arising within Norfolk Island .(Wikipedia, Wikipedia)
Summary
Jurisdiction: Queensland, under Australian federal law.
Governing Legislation: Designs Act 2003 and Designs Regulations 2004.
Protection Mechanism: Registration and certification.
Duration: Up to 10 years.
International Protection: Available through the Hague Agreement.
Enforcement: Through Australian courts.
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