Commonwealth Numbered Acts

DESIGNS AMENDMENT (ADVISORY COUNCIL ON INTELLECTUAL PROPERTY RESPONSE) ACT 2021 (NO. 100, 2021) - SCHEDULE 4

Designs Act 2003

1  After subsection 75(1)

Insert:

Relief for defendant--infringement before date of registration

          (1A)  To the extent that the infringement proceedings relate to an infringement occurring before the date on which the design was registered, the court may:

                     (a)  refuse to award damages; or

                     (b)  reduce the damages that would otherwise be awarded; or

                     (c)  refuse to make an order for an account of profits;

if the defendant satisfies the court that, at the time of the infringement, the defendant was not aware, and could not reasonably have been expected to be aware, that an application in respect of the design had been filed under section 21.

2  Before subsection 75(2)

Insert:

Relief for defendant--infringement on or after date of registration

3  Subsection 75(2)

Omit "The court", substitute "To the extent that the infringement proceedings relate to an infringement occurring on or after the date on which the design was registered, the court".

4  Before subsection 75(3)

Insert:

Additional damages

5  Before subsection 75(4)

Insert:

Prima facie evidence

6  Before subsection 75(5)

Insert:

Definitions

7  Application provision

The amendments made by this Schedule apply in relation to a design that becomes a registered design on or after the commencement of this item, where the design application was filed under section 21 of the Designs Act 2003 on or after that commencement.