Design novelty and exhibition displays - Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869

Martin Hecht, Lawyer of Allens Arthur Robinson reports on Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869, in which the Federal Court examined the circumstances under which a design publicly displayed at an exhibition before an application for registration is filed, is still to be considered novel for the purposes of the subsequent registration application.

According to Martin Hecht, if you have publicly displayed a design at an exhibition, novelty in the design will not have been destroyed, and you will still be able to validly apply for registration of the design, provided:
o the application is filed within six months of displaying the design; and
o the exhibition is either: (1) an official international exhibition; (2) an officially recognised international exhibition; or (3) an international exhibition recognised by the Registrar of Designs in the Official Journal.

Design novelty and exhibition displays


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