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The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included. |
Registrable design refers to: | the appearance or look of a manufactured or hand made article that is: new and distinctive not substantially similar in overall impression to designs in the prior art distinctive in the view of the Informed User not used or shown in public before first application design protection may not be appropriate to protect: how a product works or functions items that are primarily artistic or literary in nature |
Exclusive rights are defined as: | the right to prevent others from making, using and exploiting a design for a product, in relation to which the design is registered, for a specified period of time exclusive rights are limited in the following ways: infringement may not occur if the design is used on a product outside of the scope to that for which the design was registered certain repairs may not infringe the design where the product is a component part of a complex product protection does not cover the design features if only the idea of the general functional features are copied, as a product's function cannot be protected under design protection does not cover the underlying idea of the design, only the actual design |
Legislative requirements refer to: | Designs Act 2003 Design Regulations Copyright Act 1968 |
Prior art is defined as: | all information in the public domain relating to previous designs that may impact on the design's originality |
Non-registrable protection may include: | trade secrets confidentiality agreements and non-disclosure agreements |
Commercialisation potential may include: | licensing the design to third parties for a fee or under certain conditions profiting from the manufacture and sale of a registered design |
Sources of information and advice include: | IP Australia Attorney-General's Department Australian Copyright Council State and Commonwealth government agencies lawyers specialising in intellectual property trade mark attorneys and patent attorneys accountants business advisors marketing consultants branding consultants copyright collecting societies, eg CAL, PPCA, MIPI, APRA, AMCOS publications websites, Internet design databases |
Processes may include: | reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the design before application for registration is lodged so as to keep the design secret carrying out searches on relevant databases including: bibliographic and pictorial searches on IP Australia's website pictorial or representation searches in the public domain drafting a completed application form preparing copies of representations of the design in relation to a product the application process may also include, if desired or requested: requesting an examination considering the value of a Statement of Newness and Distinctiveness to identify particular visual features of the design as new and distinctive responding to any adverse findings the Registrar of Designs may identify during the examination process considering any material submitted by a third party to dispute the Newness and Distinctiveness of the design |
International design registration may include: | filing for design registration with the relevant offices of a foreign country Signatory states to the international convention for design protection allow for the priority date assigned to the design in Australia to be obtained internationally if applied for within six months of lodgement in Australia |
Maintain protection may include: | keeping track of registration expiration dates applying for renewal of registration |
Monitoring may include: | observing the activities of competitors scanning the market for potential design infringements regular or ad-hoc searching of design applications and/or registrations locally or internationally |
Legal measures may include: | seeking legal advice from an appropriate professional requesting examination of suspected infringements bringing infringement proceedings against a party suing a party who has imported any infringing designs into Australia suing a party who has sold, or offered for sale, any product infringing their rights in the design implementing other business, regulatory or market strategies within legal means |