Designs Act 1967

Overview

The Designs Act 1967 was enacted to address the gap in the Designs Act 1906-1966 concerning the infringement of copyright in designs. The Act was introduced to provide clearer definitions and protections against unauthorised use of registered designs. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of this Act was to enhance the protection of intellectual property rights by establishing stringent measures against the infringement of design copyright. The Act specifically replaced Section 30 of the Designs Act 1906-1966 to include more explicit provisions on what constitutes infringement, thereby ensuring that the rights of the copyright owner are more effectively upheld.

Scope and Application

The Designs Act 1967 applies to any person who infringes the copyright in a registered design by using, importing, selling, or offering for sale an article to which the design or an obvious imitation has been applied without the appropriate licence or authority from the design's owner. This Act is applicable across the entire Commonwealth of Australia, including any territories under its jurisdiction. The Act serves to amend the Designs Act 1906-1966 by specifically addressing infringements of copyright in registered designs. It provides clear definitions and penalties for those who misuse registered designs, ensuring that the intellectual property rights of designers are protected. Notably, the Act does not create any exclusions or exemptions but relies on the subordinate provisions to further specify its application, such as through regulations or other legislative instruments that may define terms or detail enforcement mechanisms.

Key Provisions

The Designs Act 1967 introduces specific provisions regarding the infringement of copyright in designs, primarily through the amendment of Section 30 of the Designs Act 1906-1966. Under Section 30(1) of the amended Act, a person is deemed to infringe the copyright in a registered design if they apply the design, or a fraudulent or obvious imitation of it, to any article in respect of which the design is registered, without the licence or authority of the copyright owner. This infringement extends to importing such articles into Australia for sale or business use, or selling, offering, or keeping for sale any article to which the design or imitation has been applied in violation of the copyright. The Act broadens the scope of infringement to include actions taken both within Australia and internationally, ensuring that the application of a design or imitation outside Australia without proper authorisation can still constitute an infringement when the article is brought into Australia. The obligations imposed by the Designs Act 1967 on parties or entities include the necessity to obtain the necessary licences or authority from the copyright owner before applying a registered design to any article. This requirement applies whether the design is applied within Australia or internationally, and whether the article is imported for commercial purposes. For businesses and individuals dealing with designs, this means due diligence must be exercised to ensure compliance with copyright laws. This includes verifying that any design used or applied to products has been properly licensed or authorised by the copyright owner. Breach of the provisions outlined in the Act can lead to civil and criminal consequences. The Act does not explicitly detail the penalties for infringement, but it is understood that such breaches can result in civil liability for damages or an account of profits. Additionally, the Act may be enforced through criminal proceedings, where the infringer could face fines or imprisonment. Although the specific maximum penalties are not stated within the Act, under general Australian copyright law, the penalties for infringement can be severe, reflecting the importance of protecting intellectual property rights.