Review of the spare parts provision in the Designs Act
Review of the spare parts provision in the Designs Act - Sonal Moore, Professional Support Lawyer at Gilbert + Tobin, analyses IP Australia’s review of the introduction of the right of repair provisions (section 72) which were introduced through the Designs Act 2003 (Cth). These provisions excluded spare parts from designs protection.
According to the article, some of the issues IP Australia flagged as a result of the review included:
- the difficulty of registered design owners in proving that a spare part was used for something other than repair; and
- whether the spare parts exemption should be limited to motor vehicle spare parts.
According to the article, IP Australia’s review concluded that there was no reason, at this stage, to reconsider the drafting and inclusion of section 72 in the Designs Act.
Link to Australian Intellectual Property Law Bulletin (Vol 19 No 8, January 2007)