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Blake Dawson - A novel apple? The “informed user” standard and assessment of distinctiveness under the Designs Act

Sally Wilson and Belinda Findlay of Blake Dawson reviews the Designs Office decision of Re Apple Computer Inc [2007] ADO 5. According to Sally Wilson and Belinda Findlay, the Designs Office revoked a design registration owned by Apple Computer Inc for “a universal serial bus (USB) Type-A connector device” on the ground that the design lacked overall distinctiveness compared to other USB Type-A connectors. In reaching the decision, the Hearing Officer canvassed the principles for applying the “standard of the informed user” to the question of distinctiveness in the examination process for a registered design under the Designs Act 2003 (Cth). Applying these principles, Sally Wilson and Belinda Findlay note that the Hearing Officer found that the relevant “informed user” for Apple’s design was the ordinary computer user, that is, a person with general familiarity with computers, and not necessarily an IT expert, and that this was the user the examiner had used.

Blake Dawson - A novel apple? The “informed user” standard and assessment of distinctiveness under the Designs Act



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