Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd

Key Logic Pty Ltd appealed to the Federal Court of Australia against a decision by the Registrar of Designs, which revoked their registration of a design for a product known as a "solar bollard". The key issues in the appeal were whether the design lacked newness and distinctiveness, and if the publication of emails to a group called the Certified Installer Network constituted a publication of the design's visual features. The court also needed to decide if the recipients of these emails were under an obligation of confidence, such that any disclosure of the design's visual features did not count as a publication.

The court considered the evidence of Mr Kedwell, who received several emails from Exlites, including one with a draft Confidentiality Agreement. Mr Kedwell testified that he signed the Confidentiality Agreement during a meeting with Exlites representatives. Although Mr Kedwell could not locate the signed document, he was confident it was a Confidentiality Agreement and that he signed it at the meeting. The court accepted Mr Kedwell's evidence that he signed the Confidentiality Agreement at the meeting. The court further examined the content of the emails, which included technical and other information about Exlites' products, and found that these emails did not disclose the visual features of the solar bollard design. Consequently, the court concluded that the publication of these emails did not amount to a publication of the design's visual features.

Ultimately, the court allowed the appeal, set aside the Registrar's decision, and ordered the parties to file and serve written submissions regarding costs within 14 days.