Unraveling the repair defence to design infringement

When Australia’s new registered designs regime was introduced in 2003, it included a defence to infringement for spare parts used for repair work (section 72 of the Designs Act 2003 (Cth)). The scope of this repairs defence has now been explained in an illuminating court decision concerning car body parts, highlighting the defence’s complexity. In GM Global Technology Operations LLC …

Wrays Industry Insights, Insights

Who is the main driver of IP growth?

According to the latest IP Australia report, applications for patents, trade marks and design rights in Australia all grew in 2017. Trade marks even reached a record peak. Sounds like good news. However, the main driver of this growth was from overseas (or non-resident) applicants. In fact, trade mark filings by non-residents increased by 25 percent and design filings by non-residents increased by 9 …

Wrays Industry Insights, Insights