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Section 19 of the Designs Act 2003

I refer to the letter dated 17 December 2015 from the Intellectual Property Committee of the Business Law Section of the Law Council of Australia (‘the Committee’) relating to the Committee’s concerns with the current form of section 19 of the Designs Act 2003. This letter further addresses these concerns. 

The Committee’s concerns with section 19 have been expressed in the Committee’s submissions to ACIP during ACIP’s review of the Designs Act and in summary form are: 

1. the uncertainty surrounding who is an informed user; 

2. the lack of any guidance as to how the various factors in section 19 interact and are to be weighed; and 

3. the meaning of some of the factors enumerated in subsection 19(2). 

The Committee’s 17 December 2015 letter dealt with the first concern relating to the informed user. This letter addresses the concerns raised in points 2 and 3 above in more detail. 

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